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Northern District

In re Vegt

Chapter 12 debtors filed a motion for authority to use cash collateral under 11 U.S.C.S. § 363. A secured creditor filed a motion to modify the automatic stay under 11 U.S.C.S. § 362(c)(1)-(2) or alternatively dismiss the chapter 12 cases. A second secured creditor filed a motion for relief from the stay.
Ruling: 
Relief from stay granted as to chapter 12 debtor's farm property not necessary to effective reorganization.
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Consumer case opionion summary, case decided on April 30,2013, LexisNexis #0513-074

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

First United Bank & Trust Co. v. Buescher (In re Buescher)

This matter came before the court for trial of the complaint of plaintiff creditor, through which it sought to deny the entry of a chapter 7 discharge in favor of defendant joint- debtor ("debtor") pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), or (a)(5) or, alternatively, seeking a determination that a debt purportedly owed to the creditor by her should be declared non-dischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), or (a)(6).
Ruling: 
Discharge denied due to debtor's disregard for truth, concealment and failure to keep records.
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Consumer case opionion summary, case decided on April 16,2013, LexisNexis #0513-023

In re Hermann

Debtor, who had dissolved his family farm partnership with his brother, sought confirmation of his proposed chapter 12 plan of reorganization, and met the requirements of 11 U.S.C.S. §§ 101(18)(A) and 109(f). Taxing authority creditors, the Internal Revenue Service (IRS) and the state (IDOR), objected to the plan, asserting that 11 U.S.C.S. § 1222(a)(2)(A) did not apply to the debtor.
Ruling: 
Debtor who changed scope of family farming operation and form of organization was still a family farmer eligible for relief.
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Consumer case opionion summary, case decided on April 03,2013, LexisNexis #0513-066

Sarachek v. Twin City Poultry (In re Agriprocessors Inc.)

Chapter 7 trustee brought an action against defendant seeking to avoid and recover alleged preferential transfers to an insider under 11 U.S.C.S. § 547(b) and fraudulent conveyances under 11 U.S.C.S. § 548 that defendant received from the debtor. Defendant moved for summary judgment and the Trustee moved for partial summary judgment as to defendant's insider status.
Ruling: 
Transfers for which debtor received reasonably equivalent value were not constructively fraudulent.
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Commercial case opionion summary, case decided on April 03,2013, LexisNexis #0513-059

Johnson v. Williams (In re Williams)

Chapter 7 trustee filed a motion for summary judgment seeking an order declaring that defendant bank's mortgage was void as a matter of law and that the trustee could administer the real property for the benefit of the debtor's estate. The bank filed a cross-motion for summary judgment, seeking a determination that its mortgage interest survived the debtor's first chapter 7 case and that it could pursue an in rem foreclosure action.
Ruling: 
Bank could foreclose in rem on mortgage not avoided in debtor's prior chapter 7 case.
ABI Membership is required to access the full summary of Johnson v. Williams (In re Williams). 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 April 01,2013, LexisNexis #0413-128

Sarachek v. Wahls (In re Agriprocessors Inc.)

Trustee sought to recover fraudulent transfers under 11 U.S.C.S. § 548 from debtor to defendants, a church and an individual who was an officer of the church. The case proceeded to trial.
Ruling: 
Transfers by debtor to church for reasonably equivalent value were not avoidable.
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Commercial case opionion summary, case decided on March 28,2013, LexisNexis #0513-127

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 Gamble

A chapter 7 trustee filed an objection to the debtor's claimed exemption in a cashier's check. The debtor did not disclose and/or claim the cashier's check as an asset in his original bankruptcy schedules. The trustee claimed the omission was in bad faith, and the debtor's claimed exemption should be denied.
Ruling: 
Debtor could claim exemption in unscheduled cashier's check due to trustee's failure to demonstrate bad faith.
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Consumer case opionion summary, case decided on March 12,2013, LexisNexis #0413-081

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