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ATHEY PRODUCTS CORP. v. HARRIS BANK ROSELLE

No. 95-3557.

89 F.3d 430 (1996)

ATHEY PRODUCTS CORPORATION, Plaintiff-Appellant, v. HARRIS BANK ROSELLE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1996.

Attorney(s) appearing for the Case

Quinton F. Seamons, Robert F. Forrer, Todd A. Rowden (argued), Wilson & McIlvaine, Chicago, IL, for Plaintiff-Appellant.

James E. Spiotto, James M. Breen (argued), Dianne E. Rist, Chapman & Cutler, Chicago, IL, for Defendant-Appellee.

Before BAUER, RIPPLE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

When does a typical lender-borrower relationship constitute fraud upon one of the borrower's unsecured creditors who supplied equipment to fill the borrower's purchase orders, but did not get paid? In this case, not when the lender keeps the borrower solvent (by extending nearly $1.6 million on a line of credit) only long enough for the lender to recover payments on the borrower's sale of equipment to third-party end users. This is...

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