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United States Seventh Circuit


In re: Rose, 08-3431

In Mercantile National Bank of Indiana's claim under Indiana's Crime Victims' Compensation Act (CVCA) against debtor, which allows a person who suffers pecuniary loss as a result of certain property crimes to seek treble damages and attorneys' fees, district court's judgment affirming bankruptcy court's dismissal of the CVCA claim is reversed as Mercantile properly commenced its CVCA claim within the statute of limitations where it was not filed to enforce the previous judgment but rather to seek damages based on a new cause of action.

Appellate Information

  • Argued 02/19/2009
  • Decided 10/07/2009
  • Published 10/07/2009

Judges

  • WILLIAMS, Circuit Judge., Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Michael L. Muenich, Nancy J. Townsend (argued), Michael L. Muenich, PC, Highland, IN, for Plaintiffs-Appellants.

  • For Appellees:
  • Edmund G. Urban, III (argued), Urban & Burt, Oak Forest, IL, for Debtor/Defendant-Appellee.
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