Judge Klingenberger

Wischmeyer v. Bobinski (In re Bobinski)

Ruling: 
Fee owed to guardian ad litem was not a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on September 09,2014, LexisNexis #1014-054

Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC)

Ruling: 
Equitable tolling applied due to trustee's inability to obtain information about fraudulent transfer claim.
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Commercial case opionion summary, case decided on March 26,2014, LexisNexis #0414-124

In re Juarbe

Before the court was debtor's motion to postpone case closure until determination of secured status of creditor. A hearing was held with respect to the Motion.
Ruling: 
Debtor could not modify plan to strip off or cram down second and third mortgages.
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Consumer case opionion summary, case decided on April 29,2013, LexisNexis #0613-029

Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)

Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
Ruling: 
Use of adversary proceeding for finding of violation of discharge injunction was improper.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-093

Dubois v. IMBR Crane (In re Scott Fabricating Inc.)

Chapter 7 Trustee brought an adversary proceeding pursuant to 11 U.S.C.S. § 547(b), seeking to recover for the benefit of the estate an alleged preferential transfer received by a sub- subcontractor (hereafter, "defendant"). The matter was before the court for judgment.
Ruling: 
Payment by debtor's general contractor to provider of crane was not a preferential transfer.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1112-094

In re Vancleef

Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
Ruling: 
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1112-084

In re Cunningham

Debtors filed a petition under chapter 13 of the Bankruptcy Code and sought a determination that they were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid a mechanic's lien which a creditor placed on their residence. The creditor opposed the debtor's motion, and the court held a hearing on the debtors' motion and the creditor's objection.
Ruling: 
Mechanic's lien was statutory and could not be avoided as impairing debtors' homestead exemption.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-078

In re Shell

Chapter 7 trustee objected to the exemptions claimed by debtor.
Ruling: 
Debtor who resided in an "opt out" state for majority of 180 day period before 730 day prepetition period could not elect federal exemptions.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-077

In re Heartland Mem. Hosp. LLC

Defendant physician moved for dispensation, pursuant to Fed. R. Bankr. P. 8002(c)(2), to file a notice of appeal after the date upon which the notice was required to be filed by Fed. R. Bankr. P. 8002(a). The physician's counsel asserted that the notice of appeal was not timely filed due to her excusable neglect.
Ruling: 
Counsel's incorrect docketing of order date was not excusable neglect for purposes of allowing late filing of appeal.
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Commercial case opionion summary, case decided on June 21,2012, LexisNexis #1012-033

Yoon v. Janeczyk (In re Scott)

Trustee brought an adversary proceeding against the landlord under a lease of real property to a debtor, seeking turnover of the debtor's security deposit which was held by the landlord.
Ruling: 
Landlord ordered to turn over debtor's security deposit.
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Consumer case opionion summary, case decided on February 24,2012, LexisNexis #0312-127

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