Search OpinionsTotal: 106
In re Nelson, 308 B.R. 343 (April 2004) -- Judge Kelley
Discharge injunction of Bankruptcy Code § 524(a)(3) does not apply where spouses file joint, rather than serial, cases.
In re Mikulsky, 301 B.R. 726 (December 2003) -- Judge Kelley
Collateral estoppel applies to a nondischargeability proceeding where the state court awarded punitive damages based on the debtor's malicious conduct.
In re Young, 310 B.R. 127 (November 2003) -- Judge Kelley
When a mortgage arrearage is cured under Bankruptcy Code § 1322(e), a mortgage creditor is entitled to no more than it would have received under its written agreement with the mortgagor.
In re Merriwether, No. 02-02424-svk (unpublished) (November 2003) -- Judge Kelley
Undue hardship is a difficult burden for a debtor to overcome, and to discharge student loan debts requires much more than a garden variety hardship.
In re Trevisan, 300 B.R. 708 (October 2003) -- Judge Kelley
A prima facie case for fraud is required for an entry of a default judgment in a Bankruptcy Code § 523(a)(2)(A) nondischargeability action for passing NSF checks.
In re Delta Group, 300 B.R. 918 (October 2003) -- Judge Kelley
Bankruptcy Code § 544(b) does not allow a trustee in bankruptcy to avail himself of avoidance powers found under Wis. Stats. § 128.07.