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Berg, In re--Berg v. SSA

Ruling
Debtor was entitled to recover a setoff to the extent the Social Security Administrationimproved its position within the 90-day period preceding the debtor's bankruptcy filing.(Bankr. W.D. Wis.)
Issue(s)
Setoff; Prepetition Setoff; Extent Recoverable by Trustee.

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Consumer opinion summary, case decided on June 15, 2017 , LexisNexis #0717-077

Hazuga, In re--Petska v. Hazuga

Ruling
Permissive abstention denied as the court had jurisdiction authority to determine whether discharge damages from a home sale was nondischargeable. (Bankr. W.D. Wis.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Dischargeability Proceedings.

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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-052

Szadziewicz, In re--Zeddun v. Fiore

Ruling
Motion for sanctions against chapter 7 trustee denied for defendant's failure to comply with Rule 9011's safe harbor. (Bankr. W.D. Wis.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers; Sanctions; How Initiated; By Motion.

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Consumer opinion summary, case decided on April 17, 2017 , LexisNexis #0517-120

Windeshausen, In re--Hebl v. Windeshausen

Ruling
Creditor's arbitration award was dischargeable in the debtor's bankruptcy as creditor failed toshow any evidence to support the existence of an express trust that was required to permitrecovery. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on March 03, 2017 , LexisNexis #0417-011

Kitzerow, In re

Ruling
Debtor's motion to allow an untimely proof of claim for a creditor's secured claim was denied as the debtor and creditor were bound by an already confirmed plan. (Bankr. W.D. Wis.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on February 07, 2017 , LexisNexis #0317-050

HYRAD Corp. v. Furrer (In re Furrer)

Ruling
Debt caused by debtor's fiduciary defalcation deemed nondischargeable. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 23, 2016 , LexisNexis #0117-102

In re Kruse

Ruling
Case converted from chapter 13 to chapter 11 and then to chapter 7 dismissed for abuse.
Issue(s)
Should case converted first from chapter 13 to chapter 11 and then to chapter 7 be dismissed for abuse?

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Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-026

Mathias v. Kriescher (In re Gibson)

Ruling
Judgment creating a statutory lien on debtor's property was an avoidable preferential transfer.
Issue(s)
Was judgment that created a statutory lien on debtor's property a preferential transfer?

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Consumer opinion summary, case decided on February 08, 2016 , LexisNexis #0316-024

Larson v. Nationstar Mortg. LLC (In re Larson)

Ruling
Debtors could strip off wholly-unsecured mortgage lien.
Issue(s)
Could debtors strip off a second mortgage lien that they alleged was wholly unsecured?

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Consumer opinion summary, case decided on January 22, 2016 , LexisNexis #0216-099

Laddusire v. Auto-Owners Ins. Co. (In re Laddusire)

Ruling
Bankruptcy court abstained from hearing removed state court proceeding that was non-core and would have little effect on administration.
Issue(s)
Was state court tort action that was removed to bankruptcy court subject to mandatory or permissive abstention?

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Consumer opinion summary, case decided on November 19, 2015 , LexisNexis #1215-067