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C & A Invs. v. Kelly (In re Kelly)

Nov
12
2008
Ruling
Discharge properly revoked due to involuntary debtor's failure to attend creditors'meeting or comply with subsequent order to show cause.
Procedural posture

Appellant debtor sought review of a decision of the bankruptcy court for the Western District of Wisconsin, which determined, after a remand, that the debtor's discharge should be revoked because the debtor failed to obey court orders in violation of 11 U.S.C.S. § 727(d)(3) and the violation mandated revocation of discharge.

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Consumer opinion summary, case decided on November 12, 2008 , LexisNexis #1208-101
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Ho-Cak Fed. V. Herrell (In re DeCora)

Oct
28
2008
Ruling
Bankruptcy court erred in holding that trustee as hypothetical lien creditor could defeat creditor's rights in tribal per capital payments.
Procedural posture

Appellant debtor, who was a member of the Ho-Chunk Nation, sought review of a decision of a bankruptcy court, which concluded that a bankruptcy trustee, asserting his status as a hypothetical lien creditor under 11 U.S.C.S. § 544(a), had a superior interest over appellant creditor's interest in per capita payments that the debtor would receive from the Nation.

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Consumer opinion summary, case decided on October 28, 2008 , LexisNexis #1108-123
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Airadigm Communs. Inc. v. Telephone & Data Sys.

Aug
12
2008
Ruling
Creditor's interest arising from funding of loans from earlier chapter 11 plan could not be recharacterized as an equity investment.
Procedural posture

Before the court were four appeals from three final orders of the Bankruptcy Court for the Western District of Wisconsin on allowability of claims 14, 15, and 16 filed by appellee/appellant claimant against appellant/appellee debtor's estate. Appellant creditor Federal Communications Commission (FCC) challenged the allowance of claims 14 and 16 and the claimant appealed the disallowance of claim 15 and the interest portion of claim 16.

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Commercial opinion summary, case decided on August 12, 2008 , LexisNexis #0908-011
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Cardinal Stritch Univ. v. Kuehn (In re Kuehn)

Nov
30
2007
Ruling
University properly sanctioned for withholding transcript after tuition debt was discharged.
Procedural posture

Appellee discharged chapter 7 debtor filed motions in the Bankruptcy Court for the Western District of Wisconsin seeking to reopen her bankruptcy case and to hold appellant university creditor in contempt. The creditor appealed after the bankruptcy court granted the motions, found that it had violated 11 U.S.C. §§ 362 and 524, and imposed sanctions based on its continued refusal to provide the debtor with her educational transcript.

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Consumer opinion summary, case decided on November 30, 2007 , LexisNexis #1207-133
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Kelly v. Herrell (In re Kelly)

Jul
24
2007
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
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