Legal Opinion
Enrique Olvera and Jeffrey Dawson v. Blitt & Gaines, P.C.
Court of Appeals for the Seventh Circuit
Decided December 9, 2005No. 04-3734, 04-4273PublishedCited by 17 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The question presented by these consolidated appeals is whether the assignee of a debt in Illinois is free to charge the same interest rate that the assignor — the original creditor — charged the debtor, rather than constrained to the lower, statutory rate, even if the assignee does not have a license that expressly permits the charging of á higher rate. The interest rates that the credit card companies that are the assignors in this case charged delinquent borrowers had been 22.99 percent to Dawson and the greater of either 20.95 percent, or 18.2 percent plus the prime…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Schwegmann Bros. v. Calvert Distillers Corp.Supreme Court of the United States · 1951
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
- Am International, Incorporated v. Graphic Management Associates, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
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3Cited by17 opinions
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- Duthie v. Matria Healthcare, Inc.District Court, N.D. Illinois · 2008
- Terech v. First Resolution Management Corp.District Court, N.D. Illinois · 2012
- Hodgdon v. Northwestern UniversityDistrict Court, N.D. Illinois · 2007
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