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western district of wisconsin

Conway, In re--Hart v. Greenwich Bus. Cap., LLC

Ruling
Preliminary injunction restraining defendant from pursuing litigation outside the adversaryproceeding was warranted as the bankruptcy court had exclusive jurisdiction over property ofthe estate. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on July 19, 2024 , LexisNexis #1024-003

Bolden, In re--Layng v. Jackson

Ruling
Court found that the bankruptcy petition preparer failed to include her signature, name,address, and identifying number on documents she prepared for several debtors and sheprovided legal advice to many debtors in violation of 110. (Bankr. E.D. Wis.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Consumer opinion summary, case decided on July 12, 2024 , LexisNexis #0924-028

Komprood, In re

Ruling
Debtor's objection to ex-spouse's priority claim denied as the debt was a nondischargeabledomestic support obligation. (Bankr. W.D. Wis.)
Issue(s)
Discharge; Full-Compliance Discharge; Section 523(a) Exceptions Apply.

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Consumer opinion summary, case decided on June 04, 2024 , LexisNexis #0824-021

Karben4 Brewing, LLC, In re

Ruling
Subchapter V case was dismissed as the bankruptcy filing was not authorized by the debtorLLC’s members. (Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; Hearing.

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Commercial opinion summary, case decided on May 21, 2024 , LexisNexis #0724-096

Farwell Ventures Inc., In re

Ruling
Tax preparer was a professional whose employment was required to be approved by the court.(Bankr. W.D. Wis.)
Issue(s)
Employment of Professional Persons.

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Commercial opinion summary, case decided on May 17, 2024 , LexisNexis #0724-052

Gialamas, In re--Gialamas v. Fiduciary Partners Trust Co.

Ruling
Debtor was not entitled to a determination of dischargeability of debts to the ex-wife or fatheras he never made either a party to the proceeding. (Bankr. W.D. Wis.)
Issue(s)
Effect of Confirmation; Discharge; Exceptions to Discharge.

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Consumer opinion summary, case decided on March 27, 2024 , LexisNexis #0624-018

Durand, In re

Ruling
Creditor’s motion for relief from stay granted as debtor had not shown a reasonable prospectfor a timely reorganization. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Consumer opinion summary, case decided on March 20, 2024 , LexisNexis #0524-055

Nordgaard, In re

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.

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Consumer opinion summary, case decided on November 29, 2023 , LexisNexis #0124-074

Nordgaard, In re

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.

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Consumer opinion summary, case decided on November 29, 2023 , LexisNexis #0124-074

Burkes, In re

Ruling
Trustee's motions to dismiss the two Chapter 13 bankruptcy cases failed as the bankruptcycourt's findings that the debtors filed their cases in good faith was res judicata and the trusteehad not presented any basis for the court to revisit the rulings. (Bankr. E.D. Wis.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-020