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Rose v. Mercantile Nat'l Bank of Indiana, No. 08-3431

By FindLaw Staff on October 07, 2009 2:44 PM

In Mercantile National Bank of Indiana's claim under Indiana's Crime Victims' Compensation Act (CVCA) against its 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 the 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.   

Read Rose v. Mercantile Nat'l Bank of Indiana, No. 08-3431

Appellate Information

Appeals from the United States District Court for the Central District of Illinois

Argued February 19, 2009
Decided October 7, 2009

Judges

Before:  Flaum and Williams, Circuit Judges, and Kapala, District Judge

Opinion by Williams, Circuit Judge

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