Judge Dow

In re Hutchison

A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.
Ruling: 
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0211-135

Olsen v. JPMorgan Chase Bank (In re Woods)

Plaintiff Chapter 7 trustee filed a complaint against defendant creditor. In Count 1, the trustee sought to avoid a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment on Count 1.
Ruling: 
Transfer was avoidable where perfection occurred within preference period.
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Consumer case opionion summary, case decided on January 25,2011, LexisNexis #0211-059

Callaway Bank v. Asbury (In re Asbury)

Creditor filed a complaint against chapter 7 debtors, a husband and wife, asserting that debt owed by the debtors to the creditor should be declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B), (a)(4) and (a)(6). The court previously found that the husband's debt to the creditor was nondischargeable. The sole remaining issue was whether the wife's debt was also nondischargeable.
Ruling: 
Debt owed by debtor who was business partner with debtor spouse was nondischargeable due to imputation of spouse's fraud.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-019

Premier Bank v. Falco (In re Falco)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor made a claim for attorney's fees under § 523(d), which the creditor opposed.
Ruling: 
Timing of petition after renegotiation of loan and substitution of collateral did not provide grounds for nondischargeability absent showing of damages.
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Consumer case opionion summary, case decided on December 03,2010, LexisNexis #1210-115

In re MJL Cattle Co. LLC

Creditors of a bankruptcy debtor filed complaints with a state real estate commission seeking revocation of the debtor's real estate broker's license based on fraudulent conduct in the debtor's cattle business. The debtor moved for an order holding the creditors in contempt for violating the automatic bankruptcy stay of 11 U.S.C.S. § 362, and enforcing the stay against the commission's administrative proceeding.
Ruling: 
Administrative proceeding for revocation of debtor's real estate broker license due to fraudulent conduct of cattle business did not violate stay.
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Commercial case opionion summary, case decided on November 15,2010, LexisNexis #1210-039

Callaway Bank v. Ray (In re Ray)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed the bank a debt in the amount of $3,071,599 that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B), (a)(4), and (a)(6). The bank filed a motion for summary judgment.
Ruling: 
Debt was nondischargeable against debtor who falsely represented cattle ownership but not against debtor spouse absent evidence of fraud.
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Consumer case opionion summary, case decided on September 15,2010, LexisNexis #1110-021

FCC v. Airadigm Communs. Inc. (In re Airdigm Communs. Inc.)

The Federal Communications Commission (FCC) appealed from rulings of the District Court for the Western District of Wisconsin concerning three claims of Telephone and Data Systems, Inc. (TDS) in the debtor's 2006 bankruptcy. The district court concluded that the FCC's objections to all three claims should be overruled. TDS filed three claims in the 2006 bankruptcy, and the FCC objected.
Ruling: 
Claim disallowed where creditor took opposite position on appeal to that taken before bankruptcy court.
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Consumer case opionion summary, case decided on August 04,2010, LexisNexis #1010-092

Phegley v. Phegley (In re Phegley)

Plaintiff, the ex-wife of a debtor who declared chapter 13 bankruptcy, filed an adversary proceeding against defendant debtor, seeking a determination that monthly payments and attorney's fees a state court ordered the debtor to pay were nondischargeable debts under 11 U.S.C.S. § 523(a)(5) and (15). The case was tried to the court.
Ruling: 
Monthly maintenance payments and attorneys' fees ordered in dissolution action were nondischargeable domestic support obligations.
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Consumer case opionion summary, case decided on August 03,2010, LexisNexis #0910-122

Bank of Otterville v. Rowles (In re Rowles)

Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtors, alleging that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2).
Ruling: 
Loan debt was nondischargeable due to debtors' materially false financial statements.
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Consumer case opionion summary, case decided on February 24,2010, LexisNexis #0510-121

In re Am. Trailer & Storage Inc.

In this chapter 11 case, the debtor filed a first amended plan of reorganization and the debtor's largest secured creditor, a bank, voted against the plan and filed an objection to confirmation.
Ruling: 
Confirmation granted over creditor's objection to cramdown.
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Commercial case opionion summary, case decided on November 09,2009, LexisNexis #1209-095

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