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Kelly v. Herrell (In re Kelly)

Kelly v. Herrell (In re Kelly)

Ruling
Discharge in involuntary case improperly revoked without providing creditor with notice and hearing.
Procedural posture

Appellant creditor filed an involuntary chapter 7 bankruptcy petition against appellee debtor. Nearly two years after discharge was granted, the Bankruptcy Court for the Western District of Wisconsin revoked the discharge, dismissed the case, granted relief from the automatic stay, and barred the debtor from filing another bankruptcy case without leave of the bankruptcy court. The creditor appealed, and the debtor cross-appealed.

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opinion summary, case decided on July 24, 2007 , LexisNexis #0907-033