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western district of wisconsin

Gialamas, In re

Ruling
Receiver's motion to void a provision in the debtor's plan was denied as he did not objectbefore it was confirmed. (Bankr. W.D. Wis.)
Issue(s)
Effect of Confirmation.

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Consumer opinion summary, case decided on September 21, 2020 , LexisNexis #1120-018

Hoel, In re

Ruling
Debtors did not satisfy Chapter 12 eligibility requirements as their horse boarding activity did not constitute a farming operation and did not bear the risks of fluctuations in market prices and upkeep costs. (Bankr. W.D. Wis.)
Issue(s)
Who May Be a Debtor; Chapter 12.

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Court :
Consumer opinion summary, case decided on July 20, 2020 , LexisNexis #0820-076

Harvey, In re--Park St. Apts., LLLP v. Harvey

Ruling
Motion for summary judgment granted where debtor made false representations with the intent and purpose of deceiving the plaintiffs. (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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Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-089

Friedrich, In re

Ruling
Bank's motion to dismiss debtor's Chapter 13 case was granted as debtor's noncontingent,liquidated unsecured claims exceeded the statutory amount of $419,275 set forth in § 109(e).(Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on May 05, 2020 , LexisNexis #0620-100

Carmona v. Osnet Wireless Corp.

Ruling
Mandatory abstention applied to proceeding concerning state law issues that would have nosignificant effect on debtor’s bankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.

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Consumer opinion summary, case decided on March 13, 2020 , LexisNexis #0420-099

Garnett v. Harvey (In re Harvey)

Ruling
Debt was nondischargeable on grounds of fraud and willful and malicious injury. (Bankr. W.D.Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 13, 2020 , LexisNexis #0420-084

Frasier, In re

Ruling
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on February 26, 2020 , LexisNexis #0420-009

Weyer, In re

Ruling
Creditor's motion for relief from stay was granted as creditor's interest in the Chapter 13debtors' vehicles was not being adequately protected where no payments had been made for ayear. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on January 03, 2020 , LexisNexis #0220-032

Olsen, In re

Ruling
Court confirmed debtor's plan as the balloon payment at the end of the five-year plan waspermissible as proposed. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-072

Gialamas, In re

Ruling
Debtor's motion for extension of exclusive periods to file and obtain acceptance of a plan wasgranted as creditor failed to show that the request was made in bad faith. (Bankr. W.D. Wis.)
Issue(s)
Who May File a Plan; Debtor’s Exclusive Period for Filing.

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Consumer opinion summary, case decided on June 27, 2019 , LexisNexis #0919-018