Judge Shapiro

Dagostini v. Wisconsin Department of Revenue (In re Dagostini)

Debtor filed a complaint against Wisconsin Department of Revenue (Department) seeking a determination that his tax debt was discharged by virtue of a chapter 7 discharge. The Department answered, asserting that the debt was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
State taxes for which debtor filed fraudulent return were nondischargeable.
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Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-048

Citizens Bank v. Cramer (In re Cramer)

Plaintiff creditor sought a determination that it held a nondischargeable claim against defendant debtors arising from a deficiency balance after the sale of a trailer pursuant to 11 U.S.C.S. § 1328(c)(1). The creditor filed a motion for summary judgment.
Ruling: 
Deficiency judgment from foreclosure of trailer, conducted after debtor failed to make direct payments under assumed contract, was discharged.
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Consumer case opionion summary, case decided on August 27,2012, LexisNexis #0912-101

Myers v. Asta (In re Myers)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditors of the debtors' limited liability company (LLC) alleging that the creditors violated the discharge injunction by attempting to collect a debt from the debtors.
Ruling: 
Unscheduled debt held by creditors who did not receive notice of bankruptcy was not discharged.
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Consumer case opionion summary, case decided on June 28,2012, LexisNexis #0912-125

Layng v. Benkowski (In re Benkowski)

Plaintiff United States Trustee (UST) filed a complaint against defendant chapter 7 debtor seeking to deny his discharge under 11 U.S.C.S. § 727(a)(4)(A) based upon the debtor's false oath.
Ruling: 
Discharge denied due to failure to disclose inheritance, other assets or transfer of business within two years of petition date.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0612-129

Zimmerman v. Hying (In re Hying)

In a case in which the issue was whether the attorney's fees ordered by two Wisconsin state circuit judges and one Wisconsin assistant family court commissioner to be paid by pro se defendant chapter 7 debtor to directly to plaintiff, his ex-wife's attorney, arising out of post-divorce contempt proceedings, were nondischargeable. The attorney moved for summary judgment. The fees totalled $8,846.75.
Ruling: 
Order for attorneys' fees of debtor's former spouse in support proceedings was nondischargeable even if not a domestic support obligation.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-120

Kovacs v. United States (In re Kovacs)

After plaintiff debtor was awarded $ 3,750 as her total damages for defendant United States' (Internal Revenue Service (IRS)) violations of the 11 U.S.C.S. § 524 discharge injunction in connection with 2 collection letters, the debtor appealed. The U.S. Court of Appeals for the Seventh Circuit reversed and again remanded for further determination under I.R.C. § 7430 of the relevant criteria.
Ruling: 
Debtor entitled to damages for willful violation of discharge injunction by IRS.
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Consumer case opionion summary, case decided on October 31,2011, LexisNexis #1211-069

Lindskog v. M&I Bank (In re Lindskog)

Debtor filed this adversary proceeding in which she sought to avoid bank's second mortgage lien under the provisions of 11 U.S.C.S. § 506(d). The bank responded by filing its answer together with a motion to dismiss the adversary proceeding. The bank also filed a separate objection to confirmation of debtor's amended chapter 13 plan based on the same grounds it set forth in its motion to dismiss.
Ruling: 
Debtor who received chapter 7 discharge and filed chapter 13 case within four years could not avoid wholly unsecured junior lien.
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Consumer case opionion summary, case decided on April 13,2011, LexisNexis #0611-009

In re Hingiss

A creditor objected to the debtors' proposed chapter 13 plan based on lack of good faith under 11 U.S.C.S. § 1325(a)(3) and on the doctrine of equitable tolling.
Ruling: 
Confirmation denied due to debtors' attempt to cramdown "910 vehicle" claim.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-034

In re Edmonds

The chapter 13 debtors proposed a plan that separately classified their student loan debts. The chapter 13 trustee objected to confirmation of the plan on the ground that it violated 11 U.S.C.S. § 1322.
Ruling: 
Confirmation denied due to discrimination in favor of student loan creditors.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #1210-064

Walker v. Creative Loans LLC (In re Walker)

Debtor brought an adversary action against numerous parties involved in an alleged equity stripping scheme, claiming they defrauded and misled her into conveying her real property to others, without first obtaining relief from the automatic stay. The debtor sought the return to her of ownership in the real property.
Ruling: 
Transfers that violated the automatic stay were void.
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Consumer case opionion summary, case decided on April 16,2009, LexisNexis #0909-033

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