Judge Shabaz

Wiese v. Community Bank of Central Wis.

Appellant debtors appealed a decision of a Bankruptcy Court granting the debtors'motion for voluntary dismissal of their chapter 12 bankruptcy proceedings under 11 U.S.C. § 1208(b), but ordered under 11 U.S.C. § 349(b) that the terms of the confirmed plan should remain binding upon the parties notwithstanding the dismissal of the case.
Ruling: 
Bankruptcy court erred in ordering terms of chapter 12 plan to remain binding after voluntary dismissal.
ABI Membership is required to access the full summary of Wiese v. Community Bank of Central Wis.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 18,2007, LexisNexis #1107-055

Geiger v. Vosepka (In re Geiger)

Appellee creditors filed adversary proceedings in the Bankruptcy Court for the Western District of Wisconsin, seeking to hold certain debts non-dischargeable in appellant debtor's bankruptcy case. The bankruptcy court granted the creditors'claims. The debtor filed a notice of appeal; the bankruptcy court dismissed the appeal on the grounds that the notice was untimely. The debtor sought review.
Ruling: 
Bankruptcy court's order dismissing appeal as untimely was affirmed since time of filing of notice is from actual receipt by bankruptcy clerk not from mailing.
ABI Membership is required to access the full summary of Geiger v. Vosepka (In re Geiger). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Mangiulli v. Rameker (In re Mangiulli)

Pursuant to 11 U.S.C. § 548, plaintiff chapter 7 trustee filed an adversary proceeding complaint against defendant, a Wisconsin village, seeking to recover an alleged fraudulent conveyance made to the village by two chapter 7 debtors. The trustee appealed, pursuant to 28 U.S.C. § 158, after the bankruptcy court granted summary judgment to the village on his fraudulent conveyance claim.
Ruling: 
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
ABI Membership is required to access the full summary of Mangiulli v. Rameker (In re Mangiulli). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to Judge Shabaz