Sep
03
2019
Pugh, In re
Ruling:
Creditor's objection to Chapter 13 confirmation was sustained as both the mortgage's due-on-sale clause and 11 U.S.C. § 1322(b)(2) prevented him from modifying the bank's rights withoutthe bank's consent. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 03,2019, LexisNexis #1019-094
Aug
19
2019
Foley, In re
Ruling:
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-070
Aug
12
2019
Pansier, In re
Ruling:
Motion for recusal denied as the debtors failed to establish that the assigned judge hadformed an opinion so extreme that fair judgment appeared impossible or that the judge wasunduly biased against the debtors. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on August 12,2019, LexisNexis #1019-022
Jul
09
2019
Peterson, In re
Ruling:
Court granted summary judgment on plaintiff's nondischargeability claim where debtor madefalse oaths under § 727(a)(4)(A). (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-015
Jun
17
2019
Bohland, In re
Ruling:
Court granted creditor's request for relief from stay, although the property was no longerproperty of the estate, as the stay remained in effect until the case was closed or dismissed.(Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on June 17,2019, LexisNexis #0819-056
Mar
29
2019
Jakubiak, In re--Schouten v. Jakubiak
Ruling:
Inadvertently unscheduled debt was not excepted from discharge in no-asset case absent harmto creditor. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 29,2019, LexisNexis #0619-036
Mar
31
2019
Tuttle, In re--Tuttle v. Educ. Credit Mgmt. Corp.
Ruling:
Undue hardship discharge of student loan debt denied due to debtor’s failure to satisfy thegood faith prong of the Brunner test. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 31,2019, LexisNexis #0619-039
Jul
22
2019
Long, In re
Ruling:
Trustee's objection to plan confirmation based on debtors' failure to file tax returns wasoverruled as returns were not due to be filed with the IRS until after the date on which themeeting of creditors was first scheduled to be held. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 22,2019, LexisNexis #0919-073
Feb
25
2019
Pansier, In re
Ruling:
Court granted relief from stay to reinstate collection of debtor's pension income to apply todelinquent tax obligations as it was not property of the estate and was not necessary to fund aChapter 13 plan. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-055
Mar
22
2019
Howard, In re
Ruling:
Counsel was entitled to fees for services that were reasonable and necessary to benefit thedebtor toward completion of his case. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-050
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