Dec
17
2008
Ross-Tousey v. Neary (In re Ross-Tousey)
Appellant debtors filed a chapter 7 bankruptcy petition. Appellee, the United States Trustee (UST), moved under 11 U.S.C.S. § 707(b) to dismiss the petition. The bankruptcy court denied the motion, and the District Court for the Eastern District of Wisconsin reversed and remanded. The debtors appealed.
Ruling:
District court erred in reversing bankruptcy court finding that debtor could take deduction for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0109-085
Nov
24
2008
Baldi v. Samuel Son & Co.
Appellant bankruptcy trustees filed an adversary proceeding against appellee creditors seeking to recover, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/6(a), payments that a debtor company paid to the creditors. The trustees appealed after a bankruptcy court ruled against them. They appealed again after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's decision.
Ruling:
Bankruptcy court properly refused to avoid payments to creditor where expert who sought to establish debtor's insolvency at time of transfers was not credible.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #1208-136
Oct
29
2008
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Appellants, debtor and creditor, appealed the judgment of the United States District Court for the Western District of Wisconsin that affirmed a bankruptcy court's decision to award appellee Federal Communications Commission (FCC) post-confirmation interest for the period between confirmation of the debtor's 2000 plan of reorganization and commencement of new bankruptcy proceedings in 2006.
Ruling:
Bankruptcy court did not err in awarding post-confirmation interest to FCC based on interpretation of plan.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-057
Sep
12
2008
Willett v. Appeal of Natl Capital Mgmt. LLC (In re Willett)
Appellee chapter 13 debtors moved to avoid a lien on their residence held by appellant judgment creditor's assignee, successfully arguing that the lien would impair a $ 15,000 exemption to which they were entitled under Indiana law. The assignee appealed, but the United States District Court for the Southern District of Indiana, Evansville Division, affirmed the bankruptcy court's avoidance order. The assignee then sought further judicial review.
Ruling:
Debtors, who gained fee simple interest prior to filing avoidance motion, inproperly used value of prior remainder interest in property when claiming impairment of exemption.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-059
Sep
02
2008
Freeland v. Enodis Corp.
Chapter 7 trustee pursued claims against defendants, a holding company, a parent corporation, and directors, to avoid transfers by a debtor and for breach of fiduciary duty. The District Court for the Northern District of Indiana, Hammond Division at Lafayette, affirmed a bankruptcy court's decisions both for and against the trustee and entered judgment for the trustee on certain claims. The parties appealed.
Ruling:
District court erred in holding transfers from debtor to parent company were avoidable where factual findings on veil piercing theory were necessary.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #0908-139
Aug
19
2008
In re Holland
Appellant bankruptcy trustee challenged an order of the United States District Court for the Northern District of Illinois, Eastern Division, holding that Florida law applied in determining whether appellee debtor's property was exempt from her bankruptcy estate and remanding the matter to the bankruptcy court.
Ruling:
Ruling that state law applied to determine debtor's entitlement to exemption was not a final appealable order.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-017
Aug
13
2008
In re Comdisco Inc.
Appellee corporate debtor's reorganization plan authorized the creation of a litigation trust. Appellants, several of the debtor's former executives and high level employees, unsuccessfully moved in bankruptcy court to terminate the trust. Appellants sought further review after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's order denying their termination motion.
Ruling:
Denial of motion for termination of litigation trust did not terminate adversary proceeding and was not final appealable order.
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Commercial case opionion summary, case decided on August 13,2008, LexisNexis #0908-032
Jun
16
2008
Zedan v. Habash
The creditor challenged a judgment of the United States District Court for the Northern District of Illinois, Eastern Division, affirming the bankruptcy court's dismissal of his adversary complaint, which objected to the discharge of the debtor's debts because of alleged fraud by the debtor under 11 U.S.C.S. §§ 523(a)(4), 727(d)(1).
Ruling:
Adversary proceeding dismissed for seeking revocation of discharge that had not yet been granted.
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Consumer case opionion summary, case decided on June 16,2008, LexisNexis #0708-067
Mar
12
2008
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Appellant chapter 11 debtor brought an adversary proceeding against appellee, the Federal Communications Commission (FCC), seeking to eliminate the FCC's interest in personal communications services (PCS) licenses. The bankruptcy court granted the FCC's summary judgment motion and approved a reorganization plan. The United States District Court for the Western District of Wisconsin affirmed. The debtor and the FCC appealed.
Ruling:
FCC properly treated as undersecured creditor with respect to interest in debtor's licenses in second chapter 11 case.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-018