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Western District

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.
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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.
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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.
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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.
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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.
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Consumer case opionion summary, case decided on August 13,2010, LexisNexis #1110-024

In re Thul-Theis

In a pro se debtor's chapter 13 bankruptcy proceedings, the court made a determination as to whether a creditor's claim was filed untimely under Fed. R. Bankr. P. 3002(c). The creditor was an attorney who acted as a guardian ad litem for the debtor's minor child.
Ruling: 
Late-filed claim of creditor, guardian ad litem for debtor's minor child, disallowed as untimely given actual notice.
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Consumer case opionion summary, case decided on June 07,2010, LexisNexis #0810-137

In re Grede Foundries Inc.

Two utilities filed claims for administrative expenses under 11 U.S.C.S. § 503(b)(9) for the value of electricity supplied to debtor in the 90 days pre-petition. Debtor objected. The utilities moved to strike a reply brief.
Ruling: 
Utilities' claim for value of electricity supplied in 90 days prior to petition date allowed.
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Commercial case opionion summary, case decided on June 01,2010, LexisNexis #0910-012

County of LaCrosse v. Stevens (In re Stevens)

Plaintiff LaCrosse County, Wisconsin, filed an adversary proceeding against defendant chapter 7 debtors, contending that $ 3,993 it paid to a custody team on behalf of one of the debtors was a nondischargeable domestic support obligation under 11 U.S.C.S. § 523(a)(5). The case was tried to the court.
Ruling: 
Sum paid by county on behalf of debtors to support child was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on May 17,2010, LexisNexis #0810-013

In re LaLonde

Debtor filed a chapter 7 petition, and when faced with the trustee's action to pursue preference recovery from her daughter and son-in-law, converted to chapter 13. The chapter 13 and chapter 7 trustees each objected to confirmation of the plan she proposed, and the chapter 7 trustee objected to certain claimed exemptions.
Ruling: 
Confirmation of plan in converted case denied due to insufficient payments to creditors.
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Consumer case opionion summary, case decided on May 07,2010, LexisNexis #0810-064

In re Dailey

A trustee filed an adversary proceeding under 11 U.S.C.S. § 547(b) to avoid allegedly preferential transfers made by a chapter 7 debtor to defendant transferee.
Ruling: 
Reimbursement payments were not contemporaneous exchanges for new value and were avoidable.
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Consumer case opionion summary, case decided on March 15,2010, LexisNexis #0610-019

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