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western district of wisconsin

Bremer Bank v. Wyss (In re Wyss)

Sep
27
2006
Ruling
Debt secured by receivables was dischargeable where creditor did not lose value as a result of alleged fraud and there was not fiduciary relationship.
Procedural posture

Creditor brought an adversary proceeding against chapter 7 debtors, seeking a determination that debt owed it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). Creditor also filed a motion for sanctions against debtors.

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opinion summary, case decided on September 27, 2006 , LexisNexis #0107-126
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United States Trustees Office v. McKittrick (In re McKittrick)

Aug
24
2006
Ruling
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
Procedural posture

In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.

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opinion summary, case decided on August 24, 2006 , LexisNexis #0107-101
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Geiger v. Vosepka (In re Geiger)

Jun
12
2006
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.
Procedural posture

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.

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opinion summary, case decided on June 12, 2006 , LexisNexis #0706-035
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Kapila v. WLN Family Ltd. Pship (In re LeNeve)

Mar
08
2006
Ruling
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
Procedural posture

Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)

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opinion summary, case decided on March 08, 2006 , LexisNexis #0506-133
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Goldberg v. Countrywide Home Loans Inc. (In re Seaway Intl Transp. Inc.)

Mar
08
2006
Ruling
Transfers were deemed not fraudulent since debtors received reasonably equivalent value by compensating their principal owner solely by making the owner's mortgage payments in exchange for the owner's services.
Procedural posture

Plaintiff trustee filed an action against defendant bank alleging that payments that the debtors had made to the creditor, to make mortgage payments that were owed to the creditor by the debtors'principal owner, were fraudulent transfers that could be recovered for the benefit of the debtors'estates, pursuant to 11 U.S.C. §§ 544 and 548.

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opinion summary, case decided on March 08, 2006 , LexisNexis #0506-132
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Mangiulli v. Rameker (In re Mangiulli)

Jan
09
2006
Ruling
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
Procedural posture

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.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-098
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In re Howard

Oct
31
2005
Ruling
Nonpayment of filing fees in prior bankruptcy cases was not grounds for dismissing the current case.
Procedural posture

Debtor filed a chapter 13 petition. The debtor had filed two previous Chapter 7 bankruptcies, in both of which the debtor failed to pay the required fees, and the cases were dismissed. The debtor owed $335.00 to the court. The bankruptcy clerk asked the court to dismiss the case pursuant to 11 U.S.C. § 109(g)(1). The court ordered the debtor to show cause why the case should not be dismissed.

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opinion summary, case decided on October 31, 2005 , LexisNexis #0106-031
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In re E.S. Profl Servs.

Oct
20
2005
Ruling
Creditor's involuntary petition was dismissed where the debtor showed that the debtor had more than twelve creditors and was generally paying its debts as they came due.
Procedural posture

Petitioning creditor filed an involuntary bankruptcy petition under 11 U.S.C. § 303(b)(2) against the alleged debtor. The court conducted a trial on the involuntary bankruptcy petition.

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opinion summary, case decided on October 20, 2005 , LexisNexis #0106-007
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