Judge Kishel

Kelley v. Opportunity Fin. LLC (In re Petters Co.)

Ruling: 
Trustee could recover of at least the ostensible interest-component that debtors paid to certain defendants and other investors pursuant to alleged Ponzi scheme.
ABI Membership is required to access the full summary of Kelley v. Opportunity Fin. LLC (In re Petters Co.). 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 May 31,2016, LexisNexis #0616-123

Kelley v. Opportunity Fin. LLC (In re Petters Co.)

Ruling: 
Substantive consolidation did not affect trustee's avoidance rights.
ABI Membership is required to access the full summary of Kelley v. Opportunity Fin. LLC (In re Petters Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 19,2016, LexisNexis #0616-124

Angola Healthcare LLC v. Fincannon (In re Angola Healthcare LLC)

Ruling: 
Motion by defendant in debtor's adversary proceeding to transfer venue denied where the  issue had not been raised when the defendant filed its answer.
ABI Membership is required to access the full summary of Angola Healthcare LLC v. Fincannon (In re Angola Healthcare LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 07,2016, LexisNexis #0616-033

Kelley v. Associated Bank (In re Petters Co.)

Ruling: 
Ponzi scheme presumption could not serve as basis for holding that transfers to bank to cover overdrafts were fraudulent.
ABI Membership is required to access the full summary of Kelley v. Associated Bank (In re Petters Co.). 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 February 29,2016, LexisNexis #0416-022

Stoebner v. Opportunity Fin. LLC (In re Polaroid Corp.)

Ruling: 
Trustee could not avoid transfers by companies owned by debtor's owner but that were not currently in bankruptcy.
ABI Membership is required to access the full summary of Stoebner v. Opportunity Fin. LLC (In re Polaroid Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 14,2016, LexisNexis #0216-085

Loos v. Koperski (In re Koperski)

Ruling: 
Bankruptcy court exercised discretionary abstention with regard to state law defamation claims brought by debtor's former spouse.
ABI Membership is required to access the full summary of Loos v. Koperski (In re Koperski). 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 November 05,2015, LexisNexis #1215-031

Le v. Wells Fargo Bank N.A. (In re Le)

Ruling: 
Debtors' proceeding against mortgage company regarding prepetition foreclosure, on which right of redemption had expired, dismissed for lack of jurisdiction.
ABI Membership is required to access the full summary of Le v. Wells Fargo Bank N.A. (In re Le). 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 September 18,2015, LexisNexis #1015-103

In re Brown

Ruling: 
Debtor could not strip down debt secured by junior lien assumed by former spouse and transferred to debtor as part of divorce settlement.
ABI Membership is required to access the full summary of In re Brown. 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 September 11,2015, LexisNexis #1015-023

Faricy Law Firm P.A. v. A.P.I. Inc. Asbestos Settlement Trust

Ruling: 
Bankruptcy court lacked jurisdiction over postconfirmation attorneys' fee claim filed against asbestos trust for chapter 11 debtor in case that had been closed.
ABI Membership is required to access the full summary of Faricy Law Firm P.A. v. A.P.I. Inc. Asbestos Settlement Trust. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 09,2015, LexisNexis #1015-030

Kelley v. Opportunity Fin. LLC (In re Petters Co.)

Ruling: 
Trustee could seek avoidance of transfers by debtor Ponzi scheme operator to charities.
ABI Membership is required to access the full summary of Kelley v. Opportunity Fin. LLC (In re Petters Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 11,2015, LexisNexis #0715-022

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