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Judge Utschig

Seelen v. Couillard (In re Couillard)

Chapter 7 trustee filed an adversary proceeding against two chapter 7 debtors and a bank seeking a determination that he was allowed under 11 U.S.C.S. § 544(a)(3) to avoid a mortgage the bank held on two parcels of land the debtors owned. The court denied the bank's motion for summary judgment, and the bank asked the court to reconsider its decision.
Ruling: 
Trustee could properly avoid bank's security interest in two parcels not included in description.
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Consumer case opionion summary, case decided on December 06,2012, LexisNexis #0213-087

Seelen v. Couillard (In re Couillard)

Creditor filed a motion for summary judgment in chapter 7 trustee's action to avoid the creditor's mortgage on the debtors' property pursuant to 11 U.S.C.S. § 544(a).
Ruling: 
Mortgage avoided where neither mortgage itself not affidavits of correction were properly recorded.
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Consumer case opionion summary, case decided on November 09,2012, LexisNexis #0213-086

In re Haake

A creditor of chapter 11 debtor filed a motion for relief from the automatic stay.
Ruling: 
Relief from stay granted given expiration of 60-day period to cure default.
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Consumer case opionion summary, case decided on September 18,2012, LexisNexis #0113-071

In re Thulis

Debtors owned two adjoining lots of real property and constructed a residence on one lot which was financed by a bank, but the bank mistakenly recorded its mortgage interest by reference only to the unimproved lot. The bankruptcy trustee objected to the bank's secured claim against the improved lot.
Ruling: 
Bank held a general unsecured claim on property against which mortgage was never recorded.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0812-126

In re Palmer Lake Plaza LLC

A creditor filed a motion to transfer venue under 28 U.S.C.S. § 1412 or , in the alternative, to dismiss the case.
Ruling: 
Change of venue granted where assets, creditors, witnesses and debtor LLC's sole member all were located in another district.
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Commercial case opionion summary, case decided on April 16,2012, LexisNexis #0612-070

Kolve v. IRS (In re Kolve)

Plaintiff debtors filed an action against defendant Internal Revenue Service (IRS) to determine whether their income taxes for 2005 and 2006 were dischargeable under 11 U.S.C.S. §§ 507(a)(8) and 523(a)(1). Plaintiffs filed a motion for judgment on the pleadings, which the court treated as a motion for summary judgment.
Ruling: 
Taxes due more than three years before petition date and after confirmation in prior chapter 13 case were dischargeable.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-010

In re Wofford

In this Chapter 13 case, a mortgage creditor filed a motion requesting that the court enter an order approving a loan modification agreement between it and debtors with respect to a certain real property owned by debtors.
Ruling: 
Court declined to rule on loan modification that did not involve extension of new credit or transfer of an interest in property.
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Consumer case opionion summary, case decided on May 23,2011, LexisNexis #0711-060

Opportunity Bank v. Martinsen (In re Martinsen)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt owed by the debtor husband was nondischargeable under 11 U.S.C.S. § 523. The debtor moved to dismiss the complaint on the grounds that it was filed after the time to object to discharge in Fed. R. Bankr. P. 4007(c) had passed.
Ruling: 
Late filed nondischargeability proceeding dismissed.
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Consumer case opionion summary, case decided on May 10,2011, LexisNexis #0711-067

Osberg v. Halling (In re Halling)

In this adversary proceeding, plaintiff, the Chapter 7 trustee, sought to recover certain payments made by debtor on the grounds that they constituted preferential transfers under 11 U.S.C.S. § 547(b). Defendant was debtor's son. A hearing was held and judgment was pending.
Ruling: 
Payments by debtor to son based on son's guarantee were preferential.
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Consumer case opionion summary, case decided on May 09,2011, LexisNexis #0711-053

Osberg v. Risler (In re Risler)

Plaintiff Chapter 7 trustee filed a complaint against defendants, a debtor and his son, seeking authority for both the sale of a property co-owned by the debtor and his son free and clear of liens pursuant to 11 U.S.C.S. § 363(f) and the conveyance of the son's interest in the property pursuant to § 363(h). The trustee filed motions for default and/or summary judgment.
Ruling: 
Trustee granted authority for sale of property co-owned by debtor and son.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-003

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