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Judge Bauer

In re Herman

Ruling: 
Creditor whose lawyer received notice of petition could not reopen case to object to discharge on grounds of fraud.
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Consumer case opionion summary, case decided on November 26,2013, LexisNexis #1213-093

In re B.R. Brookfield Commons No. 1 LLC

Ruling: 
Claim based on second mortgage on shopping mall securing nonrecourse loan properly held to be valid.
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Commercial case opionion summary, case decided on November 04,2013, LexisNexis #1113-132

In re Longview Aluminum LLC

Appellant, a member of a limited liability company (LLC) that filed for chapter 11 bankruptcy, appealed a judgment of the United States District Court for the Northern District of Illinois that affirmed a decision of a bankruptcy court that held that appellee trustee could void and recover transfers that were made to the member from the LLC less than one year before the bankruptcy filing pursuant to 11 U.S.C.S. § 547(b)(4)(B).
Ruling: 
Member of debtor LLC could be an insider for avoidance purposes.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #0911-140

In re Globe Bldg. Materials Inc.

Appellants, the State of Wisconsin and its Attorney General, sought review of a decision of the District Court for the Northern District of Indiana affirming the bankruptcy court's grant of summary judgment in favor of appellee bankruptcy trustee in the trustee's adversary proceeding, seeking to set aside the State's wage lien asserted under Wis. Stat. § 109.09 on the net sale proceeds of the debtor's property.
Ruling: 
State wage lien could be avoided where statute did not give precedence over bona fide purchasers.
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