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western district of wisconsin

Holzhueter, In re--Holzhueter v. Groth

Ruling
Debtor was not liable to repay losses sustained by individuals who invested money in hisfather's Ponzi scheme. (Bankr. W.D. Wis.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on October 18, 2017 , LexisNexis #1117-097

Kelly, In re

Ruling
Court agreed with U.S. trustee that sale of real estate should be subject to liens, claims,encumbrances, and interests. (Bankr. W.D. Wis.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on October 05, 2017 , LexisNexis #1117-041

Clements, In re--Bryant v. Clements

Ruling
Debt was nondischargeable as judgments deemed that debtors violated securities law. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.

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Consumer opinion summary, case decided on July 27, 2017 , LexisNexis #0917-050

Holzhueter, In re--Holzhueter v. Groth

Ruling
Motion for abstention denied where the interests of the estate and the parties would best be served by prompt adjudication of the issues in a single forum. (Bankr. W.D. Wis.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on July 18, 2017 , LexisNexis #0817-115

Manor, In re

Ruling
Inclusion of taxes, insurance, and a service contract together with the use of negative equityfinancing in connection with the purchase and sale of a new car did not destroy or reduce thepurchase money nature of a security interest. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on June 27, 2017 , LexisNexis #0817-021

Strom, In re

Ruling
Creditor's objection to the trustee's final report was overruled as the creditor was not entitled to collect either from debtor or his ex-wife. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on June 21, 2017 , LexisNexis #0717-102

Berg, In re--Berg v. SSA

Ruling
Debtor was entitled to recover a setoff to the extent the Social Security Administrationimproved its position within the 90-day period preceding the debtor's bankruptcy filing.(Bankr. W.D. Wis.)
Issue(s)
Setoff; Prepetition Setoff; Extent Recoverable by Trustee.

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Consumer opinion summary, case decided on June 15, 2017 , LexisNexis #0717-077

Hazuga, In re--Petska v. Hazuga

Ruling
Permissive abstention denied as the court had jurisdiction authority to determine whether discharge damages from a home sale was nondischargeable. (Bankr. W.D. Wis.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Dischargeability Proceedings.

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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-052

Szadziewicz, In re--Zeddun v. Fiore

Ruling
Motion for sanctions against chapter 7 trustee denied for defendant's failure to comply with Rule 9011's safe harbor. (Bankr. W.D. Wis.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers; Sanctions; How Initiated; By Motion.

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Consumer opinion summary, case decided on April 17, 2017 , LexisNexis #0517-120

Windeshausen, In re--Hebl v. Windeshausen

Ruling
Creditor's arbitration award was dischargeable in the debtor's bankruptcy as creditor failed toshow any evidence to support the existence of an express trust that was required to permitrecovery. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on March 03, 2017 , LexisNexis #0417-011