Skip to main content

Page Banner(Taxonomy)

judge furay

Lazarz, In re--Rob's Auto., LLC v. Lazarz

Ruling
Claims with respect to alleged overreimbursements were dischargeable as creditor made noshowing that when the checks were written, debtor knew the representation of amount duewas false. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Lazarz, In re--Rob's Auto., LLC v. Lazarz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 13, 2021 , LexisNexis #0221-059

Spindler, In re

Ruling
Re-amortized secured debt could be paid directly to the creditor as factors supported debtorspaying directly. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

ABI Membership is required to access the full summary of Spindler, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 28, 2020 , LexisNexis #0221-046

Hazelton, In re

Ruling
Sanctions were inappropriate where creditor sought to collect unpaid tuition it reasonablybelieved was nondischargeable student loan debt. (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 Hazelton, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 25, 2020 , LexisNexis #1120-008

Hoel, In re

Ruling
Debtors did not satisfy Chapter 12 eligibility requirements as their horse boarding activity did not constitute a farming operation and did not bear the risks of fluctuations in market prices and upkeep costs. (Bankr. W.D. Wis.)
Issue(s)
Who May Be a Debtor; Chapter 12.

ABI Membership is required to access the full summary of Hoel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on July 20, 2020 , LexisNexis #0820-076

Harvey, In re--Park St. Apts., LLLP v. Harvey

Ruling
Motion for summary judgment granted where debtor made false representations with the intent and purpose of deceiving the plaintiffs. (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 Harvey, In re--Park St. Apts., LLLP v. Harvey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-089

Friedrich, In re

Ruling
Bank's motion to dismiss debtor's Chapter 13 case was granted as debtor's noncontingent,liquidated unsecured claims exceeded the statutory amount of $419,275 set forth in § 109(e).(Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal; For Cause.

ABI Membership is required to access the full summary of Friedrich, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 05, 2020 , LexisNexis #0620-100

Garnett v. Harvey (In re Harvey)

Ruling
Debt was nondischargeable on grounds of fraud and willful and malicious injury. (Bankr. W.D.Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Garnett v. Harvey (In re Harvey) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 13, 2020 , LexisNexis #0420-084

Frasier, In re

Ruling
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Remedies for Violation.

ABI Membership is required to access the full summary of Frasier, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 26, 2020 , LexisNexis #0420-009

Olsen, In re

Ruling
Court confirmed debtor's plan as the balloon payment at the end of the five-year plan waspermissible as proposed. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

ABI Membership is required to access the full summary of Olsen, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-072

Jung, In re

Ruling
Court had jurisdiction to determine and discharge debtor's tax liability and penalties. (Bankr.W.D. Wis.)
Issue(s)
Determination of Tax Liability.

ABI Membership is required to access the full summary of Jung, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 21, 2019 , LexisNexis #0419-008