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western district of wisconsin

Seymore, In re

Ruling
Debtor was not entitled to reconsideration of a decision denying her motion to release a lienheld by a secured creditor as the debtor's motion included no new arguments or citations toauthority. (Bankr. E.D. Wis.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-022

Warfel, In re--Warfel v. 21st Mortg. Corp.

Ruling
Defendant's lien was avoidable as the lien was not properly perfected as the manufacturedhome was intended and considered to be a fixture. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on August 09, 2023 , LexisNexis #1023-016

Eliason, In re

Ruling
Requiring the debtors to pay back the wife's student loan obligations to a bank posed anundue hardship where they had struggled to maintain a minimal standard of living since thewife graduated from a university. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on August 08, 2023 , LexisNexis #1023-014

Moore, In re

Ruling
Debtor was entitled in part to disgorgement of attorney's fees she had paid to her former bankruptcy counsel as the fees exceeded the reasonable value of the services. (Bankr. E.D. Wis.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on June 05, 2023 , LexisNexis #0823-003

Hoven, In re--Burritt v. Hoven

Ruling
Claim of nondischargeability failed as judgment creditor failed to meet his burden of proving a debtor's actions were malicious. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on April 11, 2023 , LexisNexis #0623-033

Berryhill, In re--Watson v. Larsen-Berryhill

Ruling
Dismissal of plaintiff's claims of nondischargeability was warranted as he did not prove that defendant debtor owed him a debt under non-bankruptcy law. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 20, 2023 , LexisNexis #0523-034

Berryhill, In re--Watson v. Larsen-Berryhill

Ruling
Dismissal of plaintiff's claims of nondischargeability was warranted as he did not prove that defendant debtor owed him a debt under non-bankruptcy law. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 20, 2023 , LexisNexis #0523-034

Rassbach, In re--Parr v. Rassbach

Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 13, 2023 , LexisNexis #0523-033

Rassbach, In re--Parr v. Rassbach

Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 13, 2023 , LexisNexis #0523-033

Thompson, In re

Ruling
Satisfy the "identity of interest" test. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against Debtor.

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Consumer opinion summary, case decided on March 10, 2023 , LexisNexis #0523-006