Nordgaard, In re
Nov
29
2023
Ruling
Debtor's claim of the use of the funds awarded in her divorce under state retirementexemption was disallowed as equalization payment funds could not reasonably have beenconstrued as a retirement account. (Bankr. W.D. Wis.)
Issue(s)
Exemptions; Burden of Proof.
ABI Membership is required to access the full summary of Nordgaard, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Warfel, In re--Warfel v. 21st Mortg. Corp.
Aug
09
2023
Ruling
Defendant's lien was avoidable as the lien was not properly perfected as the manufacturedhome was intended and considered to be a fixture. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan.
ABI Membership is required to access the full summary of Warfel, In re--Warfel v. 21st Mortg. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Eliason, In re
Aug
08
2023
Ruling
Requiring the debtors to pay back the wife's student loan obligations to a bank posed anundue hardship where they had struggled to maintain a minimal standard of living since thewife graduated from a university. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
ABI Membership is required to access the full summary of Eliason, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hoven, In re--Burritt v. Hoven
Apr
11
2023
Ruling
Claim of nondischargeability failed as judgment creditor failed to meet his burden of proving a debtor's actions were malicious. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Hoven, In re--Burritt v. Hoven Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rassbach, In re--Parr v. Rassbach
Mar
13
2023
Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Rassbach, In re--Parr v. Rassbach Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rassbach, In re--Parr v. Rassbach
Mar
13
2023
Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Rassbach, In re--Parr v. Rassbach Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Johnson, In re
Jan
24
2023
Ruling
Motion to dismiss nondischargeability proceeding denied as allegations that a boat's defectivetransmission was substantially certain to result in injury sufficiently stated willfulness andalleged maliciousness. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Peterman, In re
Dec
20
2022
Ruling
Dismissal of debtor's Chapter 7 bankruptcy case denied as the only secured debt that thetrustee identified as an unnecessary luxury item was the boat needed for debtor’s sidebusiness. (Bankr. W.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
ABI Membership is required to access the full summary of Peterman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Acuna, In re--Acuna v. Ill. Dep't of Revenue
Oct
27
2022
Ruling
Trustee's rights as a judicial-lien creditor rendered the IRS' unfiled tax lien not valid againstthe bankruptcy estate, but that did not extend to the debtor exercising the trustee's rights.(Bankr. W.D. Wis.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
ABI Membership is required to access the full summary of Acuna, In re--Acuna v. Ill. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Acuna, In re--Acuna v. Ill. Dep't of Revenue
Oct
11
2022
Ruling
Debtor's unpaid income tax for a taxable year ending on or before the petition date and lastdue before the petition date was nondischargeable. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Tax Period and Type.
ABI Membership is required to access the full summary of Acuna, In re--Acuna v. Ill. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: