- 11 U.S.C.
Swenson v. Swenson (In re Swenson)
Aug
23
2016
Ruling
Debtor’s obligation to father on home equity loan used to pay for debtor’s education wasdischargeable. (Bankr. W.D. Wis.)
Issue(s)
Was debtor’s obligation to repay father for home equity loan used to fund education a nondischargeable student loan?
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Court
:
- 11 U.S.C.
In re Capitol Lakes, Inc.
Jun
27
2016
Ruling
Debtor’s failure to update disclosure statements when filing amended plan did not precludeconfirmation. (Bankr. W.D. Wis.)
Issue(s)
Postpetition Disclosure and Solicitation.
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Court
:
Johnson v. Midland Funding LLC
May
24
2016
Ruling
Filing of time-barred proof of claim opened creditor up to liability under the Fair Debt Collection Practices Act.
Issue(s)
Did a creditor violate the Fair Debt Collection Practices Act by knowingly filing a proof of claim for a debt that is time-barred?
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Court
:
Judge or Jurisdiction information not available
Wenzel v. Green Tree Servicing LLC (In re Wenzel)
May
09
2016
Ruling
Property encumbered by mortgage without legal description was not subject to turnover where lender's interest was apparent from land records.
Issue(s)
Could trustee obtain turnover of property subject to mortgage that lacked a legal description?
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Court
:
In re Gorniak
Apr
08
2016
Ruling
Property acquired by debtor in possession postpetition ordered turned over to trustee upon conversion from chapter 11 to chapter 7.
Issue(s)
Was debtor's proceeding to recover gaming license fees and the value of the license which was revoked pre-petition from the state gaming board barred by sovereign immunity.
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Court
:
- 28 U.S.C.
Ullrich v. Welt (In re Nica Holdings Inc.)
Dec
17
2015
Ruling
Case dismissed as assignee in Assignment for Benefit of Creditors proceeding lacked authority to file bankruptcy on behalf of debtor.
Issue(s)
Did the assignee in an assignment for the benefit of creditors lack authority to file bankruptcy on behalf of the debtor?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kasdorf v. Home Casual Enters. (In re Home Casual LLC)
Nov
30
2015
Ruling
Lien securing garnishment judgment arose during preference period and was avoidable.
Issue(s)
Was prepetition transfer of debtor's interest in promissory note an avoidable preference?
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Court
:
- 11 U.S.C.
In re Home Casual LLC
May
19
2015
Ruling
Creditors granted derivative standing to pursue avoidance claims against children of debtor's 50 percent owner.
Issue(s)
Whether to grant factories, which were creditors of debtor (an outdoor furniture supplier), derivative standing to pursue claims under 11 U.S.C.S. §§ 544, 547, 548, and 550 and under Wis. Stat. §§ 242.04 and 242.05 against the children of debtor's 50 percent owner for salaries paid to them.
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Court
:
- 11 U.S.C.
In re Heffron-Clark
Apr
23
2015
Ruling
Claim disallowed as secure under Collier.
Issue(s)
Was creditor's lien entitled to secured status?
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Court
:
Swenby v. Swenby (In re Swenby)
Apr
23
2015
Ruling
Debtor denied award of attorneys' fees incurred in adversary proceeding brought by brother.
Issue(s)
Was debtor entitled to attorneys' fees for defending an adversary proceeding brought by brother?
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Court
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