University's refusal to provide transcript to debtor was an act to collect a debt in violation of discharge injunction.
Procedural posture
Appellee debtor filed a bankruptcy petition. Appellant creditor, a university, refused to issue the debtor a transcript while her case was pending and refused to do so again after her tuition debt to the creditor was discharged, 11 U.S.C.S. § 727. The bankruptcy court ordered the creditor to provide a transcript and to pay damages and attorneys' fees. The District Court for the Western District of Wisconsin affirmed. The creditor appealed.
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In re Kuehn
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Consumer opinion summary, case decided on
April 16, 2009
, LexisNexis #0609-033
Bankruptcy court did not err in failing to set aside sale of estate assets on grounds of fraud absent showing of loss by purchaser.
Procedural posture
Bankruptcy trustee filed an action against a company that purchased a bankrupt store's inventory and a bank, which was the store's principal creditor and held a security interest in the inventory. The company appealed after the United States District Court for the Northern District of Illinois reversed a judgment rendered by the bankruptcy court in its favor on its claim for a refund.
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Leibowitz v. Great America Group Inc.
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Commercial opinion summary, case decided on
March 18, 2009
, LexisNexis #0509-060
Debtor's foreign corporate officer could not be held in contempt for refusal to turn over key to coded records absent personal service.
Procedural posture
A bankruptcy court held appellant, a debtor's corporate officer, in contempt after she refused to provide the key necessary to understanding the debtor's coded financial records. The officer appealed after the District Court for the Northern District of Illinois affirmed the bankruptcy court's contempt order. The officer contended that the bankruptcy court lacked jurisdiction over her.
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In re Teknek LLC
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Commercial opinion summary, case decided on
December 28, 2007
, LexisNexis #0108-105
Bankruptcy court did not err in allowing secured creditor to claim deficiency under hanging paragraph.
Procedural posture
Appellant chapter 13 debtors filed a direct appeal pursuant to 28 U.S.C. § 158(d)(2)(A) after the Bankruptcy Court for the Northern District of Illinois issued an order denying approval of their proposed chapter 13 plan. The debtors contended that the bankruptcy court's decision was based upon an erroneous interpretation and/or application of the hanging paragraph in 11 U.S.C. § 1325(a)(5).
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In re Wright
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opinion summary, case decided on
July 03, 2007
, LexisNexis #0707-114
Bankruptcy court properly lifted stay and dismissed case filed in violation of 180-day refiling bar.
Procedural posture
Appellant bankruptcy debtor filed a pro se appeal after the District Court for the Eastern District of Wisconsin affirmed a bankruptcy court's orders, which granted appellee creditor's motion to lift the automatic stay and dismissed the debtor's most recent bankruptcy petition. The bankruptcy court entered its order after finding that the debtor had violated a 180-day refiling bar imposed pursuant to 11 U.S.C. § 109(g)(1).
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Reischel v. Manufacturers & Traders Trust Co.
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opinion summary, case decided on
April 02, 2007
, LexisNexis #0507-051
Transfer of insurance proceeds to minor childrens'trust and then to entities controlled by debtor was recoverable.
Procedural posture
Appellants, a mother and two minor children, appealed from the District Court for the Northern District of Indiana, which affirmed the bankruptcy judge's order holding making the mother, father, and children jointly and severally responsible for paying $183,130 to the bankruptcy estate from custodial accounts established under the Uniform Transfers to Minors Act ("UTMA"). Appellee trustee opposed the appeal.
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Boyer v. Belavilas
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opinion summary, case decided on
January 05, 2007
, LexisNexis #0207-029
Court rejected motion to reopen a judgment against a debtor since the debtor had not disclosed the potential litigation in the bankruptcy case and the trustee had not properly abandoned the creditors'claims.
Procedural posture
Appellant debtor sought review of judgments from the District Court for the Western District of Wisconsin, which dismissed the debtor's suit to enforce a settlement offer from appellee employer and which denied the debtor's motion under Fed. R. Civ. P. 60(b)(2) to reopen the judgment.
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Biesek v. Soo Line R.R. Co.
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opinion summary, case decided on
March 06, 2006
, LexisNexis #0306-096
Retailer was entitled to assume an executory contract with a credit card company providing for a co-branded credit card postfiling since the retailer was not in breach of contract.
Procedural posture
Appellant credit card company sought review of a decision from the district court, which found that appellee, a large retail store chain, was entitled to continue its contract with the credit card company that provided for a co-branded credit card even though the retail chain had filed for bankruptcy.
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In re Kmart Corp.
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opinion summary, case decided on
January 04, 2006
, LexisNexis #0106-113
Lenders'effort to assume debtor's rights in an executory contract by proposing the trustee abandon the contract were rejected since rights in an executory contract could be performed or breached not abandoned and then transferred.
Procedural posture
Appellant lenders challenged an order of the U.S. District Court, affirming a settlement between appellee debtor, a corporation that collected methane from landfills, and its promisee, a landfill. The debtor gave the landfill a promissory note as part of a settlement after the debtor failed to build a gas-collection system for the landfill.
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In re Res. Tech. Corp.
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opinion summary, case decided on
December 09, 2005
, LexisNexis #0106-024