ARLINGTON LF, LLC v. ARLINGTON HOSPITALITY, INC.

No. 09-3560.

637 F.3d 706 (2011)

ARLINGTON LF, LLC, Appellant, v. ARLINGTON HOSPITALITY, INC., et al., Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 2011.

Rehearing and Rehearing En Banc Denied March 31, 2011.


Attorney(s) appearing for the Case

Barry Levenstam , Attorney, Catherine L. Steege (argued), Attorney, Jenner & Block LLP, Chicago, IL, for Appellees.

Stephen Scallan (argued), Attorney, Staes & Scallan, Chicago, IL, for Appellant.

Before BAUER, WOOD, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

This is a bankruptcy case with a complicated factual and procedural background, but one that boils down to a simple question: who breached the parties' post-petition financing agreement? Arlington Hospitality, Inc. and its subsidiaries ("Arlington"), operators of the AmeriHost hotel chain, filed for Chapter 11 bankruptcy in August 2005. Arlington needed funds in order to meet its obligations during the pendency of the bankruptcy proceeding...

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