In re Duke

79 F.3d 43 (1996)

From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

In re Duke

United States Court of Appeals for the Seventh Circuit
79 F.3d 43 (1996)

Facts

William Duke (plaintiff) filed for chapter 7 bankruptcy and listed Sears, Roebuck & Co. (Sears) as one of his creditors. The bankruptcy triggered an automatic stay. After Sears received notice of the stay, Sears sent a letter to Duke’s attorney and a copy of that letter to Duke. The letter stated the balance on Duke’s account and then explained that Sears would extend a new line of credit to Duke if Duke reaffirmed and paid the debt, instead of discharging it. The letter also stated it was for informational purposes only. Duke believed Sears violated the automatic stay by the offer contained in the letter. The district court ruled that Sears had not violated the stay. Duke appealed.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 795,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 795,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 795,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership