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Western District

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

First Weber Group Inc. v. Horsfall (In re Horsfall)

Debtor obtained a judgment that a debt to creditor was dischargeable, and the debtor moved for sanctions on the ground that the creditor brought the nondischargeability proceeding for an improper purpose. The creditor moved for sanctions on the ground that the debtor's answer denied established facts which improperly extended the litigation.
Ruling: 
Cross-motions for sanctions by debtor and creditor relating to nondischargeability proceeding denied.
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Consumer case opionion summary, case decided on November 17,2011, LexisNexis #0112-032

In re Hinesley Family Ltd. Pship No. 1

Settlement agreements between a bankruptcy debtor and creditors, upon which confirmation of the debtor's plan of reorganization depended, collapsed after the creditors refused to consummate the agreements based on new information concerning property to be sold to the creditors under the agreements. The creditors moved to convert the debtor's bankruptcy case from Chapter 11 to Chapter 7.
Ruling: 
Chapter 11 case converted to chapter 7 after discovery of easement and environmental violations reduced value of property proposed for sale.
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Commercial case opionion summary, case decided on October 12,2011, LexisNexis #1111-094

Kolve v. IRS (In re Kolve)

Plaintiff debtors filed an action against defendant Internal Revenue Service (IRS) to determine whether their income taxes for 2005 and 2006 were dischargeable under 11 U.S.C.S. §§ 507(a)(8) and 523(a)(1). Plaintiffs filed a motion for judgment on the pleadings, which the court treated as a motion for summary judgment.
Ruling: 
Taxes due more than three years before petition date and after confirmation in prior chapter 13 case were dischargeable.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-010

U.S. Bank v. Plains Mktg. Canada LP (In re Renew Energy LLC)

Defendant supplier filed a motion for summary judgment in chapter 11 trustee's action under 11 U.S.C.S. § 547(b) to recover payments made by the debtor under three contracts in the ninety days before filing bankruptcy.
Ruling: 
Settlement payments under forward contracts for purchase of natural gas could not be recovered by trustee.
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Commercial case opionion summary, case decided on August 24,2011, LexisNexis #0911-126

Lee v. Haukaas (In re Haukaas)

Plaintiff, the seller of a business to debtors, who were father and son, brought an adversary complaint seeking a finding that his claim against them for the balance of the sale price, $261,555, was nondischargeable under 11 U.S.C.S. § 523(a)(4) and 523(a)(6). The issue was submitted to the court on stipulated facts.
Ruling: 
Transfer to bank that held superior lien, pursuant to cross collateral agreement, while debtor was not insolvent, did not render subordinate debt to seller nondischargeable.
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Consumer case opionion summary, case decided on July 27,2011, LexisNexis #0911-013

In re Wofford

In this Chapter 13 case, a mortgage creditor filed a motion requesting that the court enter an order approving a loan modification agreement between it and debtors with respect to a certain real property owned by debtors.
Ruling: 
Court declined to rule on loan modification that did not involve extension of new credit or transfer of an interest in property.
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Consumer case opionion summary, case decided on May 23,2011, LexisNexis #0711-060

Opportunity Bank v. Martinsen (In re Martinsen)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt owed by the debtor husband was nondischargeable under 11 U.S.C.S. § 523. The debtor moved to dismiss the complaint on the grounds that it was filed after the time to object to discharge in Fed. R. Bankr. P. 4007(c) had passed.
Ruling: 
Late filed nondischargeability proceeding dismissed.
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Consumer case opionion summary, case decided on May 10,2011, LexisNexis #0711-067

In re Clark

Chapter 7 debtors, a husband and wife, claimed an inherited IRA as exempt under Wis. Stat. § 815.18(3)(j) and 11 U.S.C.S. § 522(b)(3)(C). The trustee and judgment creditors objected to that claim.
Ruling: 
Debtors not entitled to exemption in inherited IRA account.
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Consumer case opionion summary, case decided on May 10,2011, LexisNexis #0611-081

Osberg v. Halling (In re Halling)

In this adversary proceeding, plaintiff, the Chapter 7 trustee, sought to recover certain payments made by debtor on the grounds that they constituted preferential transfers under 11 U.S.C.S. § 547(b). Defendant was debtor's son. A hearing was held and judgment was pending.
Ruling: 
Payments by debtor to son based on son's guarantee were preferential.
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Consumer case opionion summary, case decided on May 09,2011, LexisNexis #0711-053

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