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eastern district of wisconsin

Rogers, In re--Rogers v. TitleMax of Wis., Inc.

Ruling
Creditor did not violate the automatic stay by inquiring about insurance and adequateprotection on motor vehicle it repossessed from debtor prepetition. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on August 21, 2023 , LexisNexis #1023-054

Rios, In re

Ruling
Debtors' request for a stay of an order granting the IRS relief from the automatic stay toenforce its liens against debtors' Social Security benefits denied. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on June 16, 2023 , LexisNexis #0823-050

Charmoli, In re--Charmoli v. Aspen Am. Ins. Co.

Ruling
Discovery could continue in insurance coverage dispute pending results of interlocutoryappeal where delay in resolution of the claim could burden debtor's estate. (Bankr. E.D. Wis.)
Issue(s)
Appeals; Jurisdiction of District Court; Other Interlocutory Orders.

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Consumer opinion summary, case decided on June 13, 2023 , LexisNexis #0823-042

Mahler, In re

Ruling
Disbursement of payments by the trustee to the mortgage lender, rather than direct payments by the debtor, offered a greater likelihood of achieving the debtor's goals for her Chapter 13 plan. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Consumer opinion summary, case decided on June 07, 2023 , LexisNexis #0823-018

Moore, In re

Ruling
Debtor was entitled in part to disgorgement of attorney's fees she had paid to her former bankruptcy counsel as the fees exceeded the reasonable value of the services. (Bankr. E.D. Wis.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on June 05, 2023 , LexisNexis #0823-003

Teclaw, In re

Ruling
Codebtor stay does not apply to LLCs as they are not individuals with consumer debts. (Bankr. E.D. Wis.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on May 09, 2023 , LexisNexis #0723-019

Mitchell, In re

Ruling
Debtors' counsel were entitled to compensation for the law firm's work over four years in complicated Chapter 13 case. (Bankr. E.D. Wis.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on May 09, 2023 , LexisNexis #0723-002

Beach, In re--SLK Cap., LLC v. Beach

Ruling
Debt was not excepted from discharge as debtor did not falsely represent funds given to him by his mother and stepfather as paid-in capital/equity and not a personal loan. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Commercial opinion summary, case decided on April 03, 2023 , LexisNexis #0623-007

Berryhill, In re--Watson v. Larsen-Berryhill

Ruling
Dismissal of plaintiff's claims of nondischargeability was warranted as he did not prove that defendant debtor owed him a debt under non-bankruptcy law. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 20, 2023 , LexisNexis #0523-034

Berryhill, In re--Watson v. Larsen-Berryhill

Ruling
Dismissal of plaintiff's claims of nondischargeability was warranted as he did not prove that defendant debtor owed him a debt under non-bankruptcy law. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 20, 2023 , LexisNexis #0523-034