Judge Kilburg

Du Trac Cmty. Credit Union v. Hefel (In re Hefel)

Ruling: 
Discharge revoked due to undervaluation of property, failure to schedule assets and false statements.
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Consumer case opionion summary, case decided on August 05,2013, LexisNexis #0813-129

In re Tanner

A chapter 13 debtor filed an objection to a creditor's proof of claim.
Ruling: 
Late filed proof of claim allowed in amount limited to that provided for in confirmed plan.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-081

In re Cornish

Creditor bank filed a motion to lift the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(1) and (2), for the purpose of foreclosing on debtors' real estate. Debtors resisted the motion.
Ruling: 
Stay lifted to allow foreclosure as mortgage granted by debtor life tenants was valid.
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Consumer case opionion summary, case decided on April 24,2013, LexisNexis #0513-112

In re Hansen

Credit union filed a complaint against chapter 7 debtor seeking to except a debt from discharge under 11 U.S.C.S. § 523(a)(4) based on losses it sustained from the debtor's alleged embezzlement from his employer.
Ruling: 
Credit union's claim for losses sustained from debtor's embezzlement from employer was nondischargeable.
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Consumer case opionion summary, case decided on April 19,2013, LexisNexis #0513-049

In re Ehlinger

This matter came before the court on debtor's Motion for Order to Show Cause for Violation of the Automatic Stay and for Sanctions. The motion was directed against a creditor and temporary manager of the creditor.
Ruling: 
Statements by creditor's temporary manager in debtor's bar regarding payment violated stay.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-043

In re Kwik-Way Prods.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
Ruling: 
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-137

In re Nemec

A creditor sought to modify the automatic stay in order to proceed with a foreclosure petition against property owned by an entity of which a chapter 13 debtor was the sole shareholder. The debtor objected, asserting that a pending buyout of the real estate would benefit the creditor and other creditors.
Ruling: 
Stay could not be extended to cover actions against property owned by debtor's solely owned entity to recover non-consumer debt.
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Commercial case opionion summary, case decided on July 10,2012, LexisNexis #0812-001

In re Scharpf

This matter came before the court on debtors' motions to reopen and to amend schedule and a creditor's response and motion to dismiss.
Ruling: 
Debtor could not reopen case to reverse state court determination that claim of creditor that did not receive notice was nondischargeable.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0412-018

In re Hefel

Movant, the chapter 7 trustee, sought approval of a compromise with debtors pursuant to Fed. R. Bankr. P. 9019, whereby the trustee agreed to abandon pursuing any interest in various closely-held corporations. An unsecured creditor that had filed a claim for in excess of $750,000 objected to the proposed settlement and offered to make a cash purchase of debtors' assets.
Ruling: 
Settlement approved as warranted due to potential substantial costs, inconvenience and delay of litigation.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-104

In re Jacobs

An attorney for a Chapter 13 debtor filed an application for allowance of supplemental fees and expenses pursuant to 11 U.S.C.S. § 330(a). The Chapter 13 trustee filed an objection.
Ruling: 
Debtor's attorney allowed supplemental fees with deductions for duplicative and inadequately described charges.
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Consumer case opionion summary, case decided on July 18,2011, LexisNexis #0811-038

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