Judge Flaum

Smith v. Capital One Bank (USA), N.A.

Ruling: 
Debtor's husband's card debt not covered by co-debtor stay as application of Wisconsinmarital law did not convert her husband's debts into her own. (7th Cir.)
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Consumer case opionion summary, case decided on December 22,2016, LexisNexis #0117-116

Brandt v. Horseshoe Hammond LLC (In re Equip. Acquisition Res. Inc.)

Ruling: 
Transfers of debtor's property by debtor's owner to casino properly held not to be avoidable pursuant to good faith defense.
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Commercial case opionion summary, case decided on October 13,2015, LexisNexis #1115-023

In re Equipment Acquisition Res. Inc.

Ruling: 
Trustee could not bring an action under state law to recover a federal income tax payment.
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Commercial case opionion summary, case decided on February 04,2014, LexisNexis #0214-124

United States v. Johns

Defendant appealed from the United States District Court for the Eastern District of Wisconsin, challenging his convictions under 18 U.S.C.S. §§ 152(5) and (8), 157, and 1519, which were related to making false representations to debtors' trustee regarding a second mortgage and for receiving property from a debtor with the intent to defeat the provisions of the Bankruptcy Code.
Ruling: 
Conviction for materially false representations to trustee and sale of home outside plan without court approval affirmed.
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Consumer case opionion summary, case decided on July 17,2012, LexisNexis #0812-034

Reeves v. Davis (In re Davis)

Judgment creditor had obtained a judgment for debtor's violation of the Indiana Home Improvement Contracts Act, which provided that a home improvement supplier who violated the Act committed a deceptive act. The creditor appealed a decision by the U. S. District Court for the Southern District of Indiana, affirming a bankruptcy court's order that the debt was dischargeable.
Ruling: 
Judgment under state home improvement contractor law that debtor committed a deceptive act properly held not to be determinative of nondischargeability.
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Consumer case opionion summary, case decided on March 14,2011, LexisNexis #0411-012

Ross-Tousey v. Neary (In re Ross-Tousey)

Appellant debtors filed a chapter 7 bankruptcy petition. Appellee, the United States Trustee (UST), moved under 11 U.S.C.S. § 707(b) to dismiss the petition. The bankruptcy court denied the motion, and the District Court for the Eastern District of Wisconsin reversed and remanded. The debtors appealed.
Ruling: 
District court erred in reversing bankruptcy court finding that debtor could take deduction for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0109-085

Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)

Appellants, debtor and creditor, appealed the judgment of the United States District Court for the Western District of Wisconsin that affirmed a bankruptcy court's decision to award appellee Federal Communications Commission (FCC) post-confirmation interest for the period between confirmation of the debtor's 2000 plan of reorganization and commencement of new bankruptcy proceedings in 2006.
Ruling: 
Bankruptcy court did not err in awarding post-confirmation interest to FCC based on interpretation of plan.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-057

Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)

Appellant chapter 11 debtor brought an adversary proceeding against appellee, the Federal Communications Commission (FCC), seeking to eliminate the FCC's interest in personal communications services (PCS) licenses. The bankruptcy court granted the FCC's summary judgment motion and approved a reorganization plan. The United States District Court for the Western District of Wisconsin affirmed. The debtor and the FCC appealed.
Ruling: 
FCC properly treated as undersecured creditor with respect to interest in debtor's licenses in second chapter 11 case.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-018
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