IN RE HHGREGG, INC.

No. 18-3363.

949 F.3d 1039 (2020)

IN RE: HHGREGG, INC., et al., Debtors. Whirlpool Corporation, Plaintiff-Appellant, v. Wells Fargo Bank, National Association, and GACP Finance Co., LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 2020.


Attorney(s) appearing for the Case

Adam Arceneaux , Attorney, Ice Miller LLP, Indianapolis, IN, for Debtor.

Michael David Bess , Carolyn Isaac , Attorneys, Michael Best & Friedrich LLP, Chicago, IL, Ann Ustad Smith , Attorney, Michael Best & Friedrich LLP, Madison, WI, Justin M. Mertz , Attorney, Michael Best & Friedrich LLP, Milwaukee, WI, for Plaintiff-Appellant.

Mark Cahill , Kevin P. O'Keefe , Attorneys, Choate, Hall & Stewart, Boston, MA, Jay Jaffe , Attorney, Faegre Drinker Biddle & Reath LLP, Indianapolis, IN, for Defendant-Appellee Wells Fargo Bank, NA.

Jay Jaffe , Attorney, Faegre Drinker Biddle & Reath LLP, Indianapolis, IN, Jeffrey S. Torosian , Attorney, Dla Piper LLP (US), Chicago, IL, for Defendant-Appellee GACP Finance Co., LLC.

Before Sykes, Hamilton, and Scudder, Circuit Judges.


This is an appeal from an adversary proceeding in a Chapter 11 bankruptcy and concerns a trade creditor's right to reclaim goods it sold to the debtor on the eve of bankruptcy. The question is whether the seller's reclamation claim is superior to the claims of secured lenders—more specifically, the lenders that extended...

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