Judge Kilburg

Stastny v. Sedivec (In re Sedivec)

Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff former girlfriend filed a complaint to determine dischargeability of money that the girlfriend gave to the debtor toward the purchase of a home, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Money given to debtor by girlfriend for downpayment on new house was dischargeable absent written documentation.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0109-047

In re Vantiger-Witte

A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. The Farm Service Agency (FSA), a creditor, objected to confirmation of the plan, claiming that the debtor had failed to account for cattle and other property that were collateral for the FSA's loans.
Ruling: 
Chapter 13 plan confirmation denied in case converted from chapter 12 where debtor intended to dispose of farming operation by paying least possible amount to creditors.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1208-034

In re Aldrich

Mortgage creditor objected to confirmation of the chapter 13 plans in two chapter 13 cases. The matters were consolidated. The debtors' plans contained provisions that required court approval before the creditor assessed postpetition charges and fees.
Ruling: 
Plan confirmation denied due to improper provisions concerning creditor rights.
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Consumer case opionion summary, case decided on September 04,2008, LexisNexis #1008-048

BankOrion v. Mitchell (In re Mitchell)

Plaintiff, a secured creditor, filed a complaint to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6) on the ground that defendant debtor had violated its rights to collateral by using certain insurance proceeds for his own purposes and not paying them over to plaintiff. Defendant denied any impropriety and insisted that his discharge was enforceable against plaintiff.
Ruling: 
Debt owed to financer of debtor's insurance was nondischargeable due to debtor's improper use of proceeds.
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Consumer case opionion summary, case decided on August 21,2008, LexisNexis #0908-081

Schnittjer v. Linn Area Credit Union (In re Sickels)

Plaintiff chapter 7 trustee filed an adversary proceeding pursuant to 11 U.S.C.S. § 544 against defendant creditor seeking to avoid the creditor's mortgage. The trustee asserted that the mortgage was not recorded prior to the petition date. The parties filed cross-motions for partial summary judgment.
Ruling: 
Trustee not entitled to money judgment once mortgage recorded in violation of stay had been avoided.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-119

In re Stetler

A debtor sought an order compelling a capter 7 trustee to abandon a nonexempt partial interest in homestead real estate under 11 U.S.C.S. § 554(b). The trustee objected, asserting that the bankruptcy estate's interest in the nonexempt portion of the debtor's real estate had significant value.
Ruling: 
Trustee ordered to abandon estate's interest in nonexempt real estate if not sold within set period.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-080

Ovel v. Community Sav. Bank

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a mortgage granted by the debtor's mother. The trustee previously avoided the transfer from the debtor to his mother. The trustee asserted that the creditor was an immediate or mediate transferee from the debtor's mother and the mortgage should likewise be avoided. The trustee moved for partial summary judgment.
Ruling: 
Mortgage granted by debtor's mother was avoidable where deed from debtor to mother had been avoided.
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Consumer case opionion summary, case decided on June 10,2008, LexisNexis #0808-118

In re Eilderts

The debtors applied for permission to retain their economic stimulus rebate payment from the Internal Revenue Service (IRS) in order to buy a replacement vehicle. The trustee objected.
Ruling: 
Case dismissed due to debtors' failure to turn over economic stimulus rebates to the estate in accordance with confirmation order.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-036

In re Miller

A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. The debtor filed an amended plan seeking to suspend payments for eight months from June 2008 through January 2009. A chapter 13 trustee objected to confirmation of the amended plan because the debtor was one month delinquent with payments under her confirmed plan.
Ruling: 
Amended plan calling for eight month suspension of payments denied absent evidence of debtor's ability to pay.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-069

In re Budig

The debtors filed for relief under chapter 7 of the Bankruptcy Code. The United States trustee filed a motion to dismiss the case because of the presumption of abuse under 11 U.S.C.S. § 707(b)(1), (2), and (3).
Ruling: 
Case dismissed for abuse where surrender of home increased debtors' already signifcant disposable income.
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Consumer case opionion summary, case decided on May 01,2008, LexisNexis #0608-083

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