Nordgaard, In re
Nov
29
2023
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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Nordgaard, In re
Nov
29
2023
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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Court
:
- 11 U.S.C.
Burkes, In re
Sep
29
2023
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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Seymore, In re
Sep
27
2023
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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Court
:
- 11 U.S.C.
Warfel, In re--Warfel v. 21st Mortg. Corp.
Aug
09
2023
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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Court
:
- 11 U.S.C.
Eliason, In re
Aug
08
2023
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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Court
:
- 11 U.S.C.
Moore, In re
Jun
05
2023
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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Court
:
- 11 U.S.C.
Hoven, In re--Burritt v. Hoven
Apr
11
2023
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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Court
:
- 11 U.S.C.
Berryhill, In re--Watson v. Larsen-Berryhill
Mar
20
2023
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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Court
:
- 11 U.S.C.
Berryhill, In re--Watson v. Larsen-Berryhill
Mar
20
2023
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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