Judge Fisher

Schultz, In re--Schultz v. United States Department of Education

Ruling: 
Post-petition consolidated loan was not dischargeable as it was a separate loan from theoriginal student loans with a separate repayment period. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on February 11,2020, LexisNexis #0320-092

In re W.R. Grace & Co.

Ruling: 
Plan that required hospital to submit asbestos claim to property damage trust was proposed in good faith, was feasible and did not provide unequal treatment to creditors.
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Commercial case opionion summary, case decided on September 04,2013, LexisNexis #0913-130

In re American Capital Equip. LLC

Chapter 11 bankruptcy debtor appealed from the United States District Court for the Western District of Pennsylvania's order affirming the Bankruptcy Court's order, which converted debtor's chapter 11 bankruptcy case to a chapter 7 on the basis that its plan was patently unconfirmable. Joining the appeal was the representative for the estate of an asbestos claimant.
Ruling: 
Bankruptcy court did not err in converting chapter 11 case with more than 29,000 asbestos claims to chapter 7 as plan was patently unconfirmable.
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Commercial case opionion summary, case decided on July 25,2012, LexisNexis #0812-070

In re Krebs

Appellee chapter 7 trustee filed an objection in bankruptcy court to appellant debtor's request for exemption of an individual retirement account (IRA) under 11 U.S.C.S. § 522(d)(10)(E). The bankruptcy court sustained the objection, and the District Court for the Western District of Pennsylvania affirmed. The debtor appealed.
Ruling: 
Debtor's IRA could potentially be exempted although withdrawals could not yet be made without penalty.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-061
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