- 11 U.S.C.
Smith v. Capital One Bank (USA), N.A.
Dec
22
2016
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.)
Issue(s)
Stay of Action Against Codebtor.
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Court
:
( Judge Flaum ) [ Circuit Court ]
- 11 U.S.C.
Brandt v. Horseshoe Hammond LLC (In re Equip. Acquisition Res. Inc.)
Oct
13
2015
Ruling
Transfers of debtor's property by debtor's owner to casino properly held not to be avoidable pursuant to good faith defense.
Issue(s)
Could debtor's plan administrator recover funds transferred from debtor to debtor's original owner from the casino where the owner spent the funds?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Brooks v. Clark
Apr
23
2015
Ruling
Child support payments properly excluded from disposable income calculation.
Issue(s)
Does the language of § 1325(b)(2) permit the categorical exclusion from disposable income of the full amount of child support payments received by an above-median debtor?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Equipment Acquisition Res. Inc.
Feb
04
2014
Ruling
Trustee could not bring an action under state law to recover a federal income tax payment.
Issue(s)
Whether a bankruptcy trustee can bring an action under § 544(b)(1) to recoup a debtor's federal tax payment.
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Court
:
Judge or Jurisdiction information not available
United States v. Johns
Jul
17
2012
Ruling
Conviction for materially false representations to trustee and sale of home outside plan without court approval affirmed.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Reeves v. Davis (In re Davis)
Mar
14
2011
Ruling
Judgment under state home improvement contractor law that debtor committed a deceptive act properly held not to be determinative of nondischargeability.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
Ross-Tousey v. Neary (In re Ross-Tousey)
Dec
17
2008
Ruling
District court erred in reversing bankruptcy court finding that debtor could take deduction for vehicle owned free and clear.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Oct
29
2008
Ruling
Bankruptcy court did not err in awarding post-confirmation interest to FCC based on interpretation of plan.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Mar
12
2008
Ruling
FCC properly treated as undersecured creditor with respect to interest in debtor's licenses in second chapter 11 case.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available