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Western District

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

Dagostini v. Wisconsin Department of Revenue (In re Dagostini)

Debtor filed a complaint against Wisconsin Department of Revenue (Department) seeking a determination that his tax debt was discharged by virtue of a chapter 7 discharge. The Department answered, asserting that the debt was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
State taxes for which debtor filed fraudulent return were nondischargeable.
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Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-048

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.
ABI Membership is required to access the full summary of In re Haake. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 18,2012, LexisNexis #0113-071

Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC)

Plaintiff, chapter 7 Trustee of the bankruptcy estate of debtor subcontractor (the sub), initiated this construction litigation seeking to collect $1,667,945, plus attorneys' fees, costs and interest, from defendant prime contractor (the prime). The prime asserted certain defenses and sought a setoff of any amounts owed.
Ruling: 
Creditor contractor allowed setoff of prepetition debt against amount owed to debtor subcontractor.
ABI Membership is required to access the full summary of Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-094

In re Landsinger

Bankruptcy debtors, husband and wife, claimed exemptions in an interest in real property which the wife received as a gift, and payments on a mortgage against the property were paid with marital funds. The bankruptcy trustee objected to the husband's claim of exemption, and the parties' submissions were treated as cross-motions for summary judgment.
Ruling: 
Debtor's exemption in property inherited by spouse limited to one half of mortgage payments made with marital funds.
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Consumer case opionion summary, case decided on July 23,2012, LexisNexis #0812-077

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 Butler

Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that money she invested in a partnership that was available to individuals who worked for her employer was exempt from creditors' claims under 11 U.S.C.S. § 522(d)(10)(E). A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection.
Ruling: 
Debtor's interest in partnership established by employer for employees was exempt.
ABI Membership is required to access the full summary of In re Butler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 29,2012, LexisNexis #0612-087

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

In re Shiferaw

An attorney for a chapter 11 debtor filed a final application for interim compensation pursuant to 11 U.S.C.S. § 330. The debtor objected to the application, requesting that the court defer ruling until the case was concluded. Because the attorney's services were terminated by the debtor, the court treated the application as a final application.
Ruling: 
Application for compensation by counsel who was not qualified to represent debtor denied pending completion of bankruptcy and ethics CLE programs.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0212-108

In re Keena

The trustee in a chapter 7 bankruptcy case filed an objection to the debtors' claim of homestead exemption under 11 U.S.C.S. § 522(d)(1). The court treated the filings as cross motions for summary judgment.
Ruling: 
Debtors could not claim homestead exemption in empty lot adjacent to residence.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0212-082

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