McGARRY & McGARRY, LLC v. BANKRUPTCY MANAGEMENT SOLUTIONS, INC.

No. 18-2619.

937 F.3d 1056 (2019)

McGARRY & McGARRY, LLC, Plaintiff-Appellant, v. BANKRUPTCY MANAGEMENT SOLUTIONS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 2019.


Attorney(s) appearing for the Case

William Dunnegan , Attorney, DUNNEGAN & SCILEPPI LLC, New York, NY, Marianne C. Holzhall , Attorney, McGARRY & McGARRY LLC, Chicago, IL, for Plaintiff-Appellant.

Jonathan Herman , Attorney, DORSEY & WHITNEY LLP, New York, NY, for Defendant-Appellee.

Before Rovner, Sykes, and Barrett, Circuit Judges.


McGarry & McGarry, LLC, a creditor in a closed Chapter 7 bankruptcy case, tried three times to bring a price-fixing claim against Bankruptcy Management Solutions, Inc. ("BMS"), the trustee's software-services provider. In the first suit, McGarry alleged claims under the Sherman Act and the Illinois Antitrust Act. Because...

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