Northern District

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

In re Markey

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and asked the court to issue an order which required a creditor to turn over a vehicle the creditor possessed. The creditor filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the automatic stay, and a motion for an order extending the time he had to file a proof of claim and to challenge the debtor's discharge. The court held a hearing on the motions.
Ruling: 
Creditor ordered to surrender car where title remained in the debtor.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0113-120

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 Hildreth

Movant, the chapter 7 trustee, asked the court for approval per Fed. R. Bankr. P. 9019 of his proposed compromise of an $85,000 debt owed to debtor by her ex-husband on account of her interests in marital real estate and businesses, which obligation the trustee was proposing to settle for a lump sum payment of $20,000. Debtor objected to the proposed settlement.
Ruling: 
Settlement of obligation owed to debtor by former spouse approved due to likely difficulty of successful collection of any possible judgment.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-139

In re Minor

A bankruptcy debtor owed a debt on the debtor's truck and sought to reaffirm the debt and retain the truck, even though the debtor's schedules indicated that reaffirming the debt would result in a monthly deficit. The debtor sought approval of the reaffirmation agreement.
Ruling: 
Reaffirmation agreement approved where collateral was necessary to debtor's business and adjustments to lifestyle indicated payment would not lead to deficit.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1212-086

In re Corn Advantage Coop.

Pending was a creditor's Motion for Alternate Disposition of Estate Assets and Objection to Trustee's Final Report. Specifically, a creditor objected to the Trustee's proposal to allow the estate's interest in a partnership to revert to debtor through technical abandonment after closing of the case. It requested that the Trustee allow it to purchase the interest. The Trustee and U.S. Trustee (UST) objected to the creditor's alternate disposition.
Ruling: 
Trustee ordered to abandon estate's interest in partnership through notice of abandonment rather than technical abandonment.
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Commercial case opionion summary, case decided on September 14,2012, LexisNexis #1012-025

In re Murchek

Chapter 13 trustee objected to debtor's chapter 13 plan.
Ruling: 
Plan confirmation denied due to failure to include future tax refunds as projected disposable income.
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Consumer case opionion summary, case decided on July 17,2012, LexisNexis #0812-033

In re Corbin

The chapter 7 debtors sought to reaffirm a debt to a creditor that was secured by a cellular telephone (cell phone), a tablet, and a computer printer pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Reaffirmation agreement could not be approved as debt was secured by luxury items that could be replaced with less expensive items.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-052

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