Western District

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.
ABI Membership is required to access the full summary of Lee v. Haukaas (In re Haukaas). 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 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.
ABI Membership is required to access the full summary of In re Wofford. 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 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.
ABI Membership is required to access the full summary of Opportunity Bank v. Martinsen (In re Martinsen). 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 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.
ABI Membership is required to access the full summary of In re Clark. 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 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.
ABI Membership is required to access the full summary of Osberg v. Halling (In re Halling). 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 09,2011, LexisNexis #0711-053

Osberg v. Risler (In re Risler)

Plaintiff Chapter 7 trustee filed a complaint against defendants, a debtor and his son, seeking authority for both the sale of a property co-owned by the debtor and his son free and clear of liens pursuant to 11 U.S.C.S. § 363(f) and the conveyance of the son's interest in the property pursuant to § 363(h). The trustee filed motions for default and/or summary judgment.
Ruling: 
Trustee granted authority for sale of property co-owned by debtor and son.
ABI Membership is required to access the full summary of Osberg v. Risler (In re Risler). 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 December 02,2010, LexisNexis #0111-003

In re Holmdahl

The chapter 13 debtors sought to cure their pre-petition defaults pursuant to 11 U.S.C.S. § 1322(c)(1). A bank objected to the debtors' proposal to apply forfeited funds from a failed foreclosure sale to their mortgage arrearages.
Ruling: 
Proceeds of foreclosure sale ordered to be applied to arrearages.
ABI Membership is required to access the full summary of In re Holmdahl. 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 November 03,2010, LexisNexis #1210-098

Westlund v. Casper (In re Casper)

Creditor filed an adversary proceeding against defendant debtor, seeking a determination that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2). The debtor filed a motion for summary judgment.
Ruling: 
Debtor real estate speculator's personal use of creditor's client's investments resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Westlund v. Casper (In re Casper). 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 November 02,2010, LexisNexis #1210-082

In re Grede Foundries Inc.

Debtor moved to reject a software maintenance agreement with a computer company. The computer company opposed the motion, contending that the maintenance agreement was inseparable from other, related agreements that had to be accepted or rejected in toto. At the hearing, the debtor, as an alternative, sought to reject the contract in toto.
Ruling: 
Software maintenance agreement and other related agreements could be rejected, but only as a whole.
ABI Membership is required to access the full summary of In re Grede Foundries Inc.. 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 20,2010, LexisNexis #1010-044

Rice v. Sasse (In re Sasse)

Plaintiff, a law firm creditor, filed a motion to dismiss defendant debtor's bankruptcy case for abuse under 11 U.S.C.S. § 707(b) or , in the alternative, to revoke debtor's discharge. The creditor also sought to except debtor's debt from discharge under 11 U.S.C.S. § 523(a)(2)(A). Debtor moved for attorney's fees under § 523(d).
Ruling: 
Improper means test calculation was not grounds for dismissal.
ABI Membership is required to access the full summary of Rice v. Sasse (In re Sasse). 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 August 13,2010, LexisNexis #1110-024

Pages

Subscribe to Western District