Martin v. City of Milwaukee (In re Martin)
Dec
11
2014
Ruling
Debtor had standing to avoid tax lien on property in which debtor acquired interest on the death of her mother.
Issue(s)
Should debtor's proceeding to set aside the transfer of real estate pursuant to a tax foreclosure judgment, as a fraudulent conveyance be dismissed for lack of standing or failure to state a claim?
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Court
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Lanzar v. Banco Popular de PR (In re Lanzar)
Jun
03
2014
Ruling
Debtor entitled to recover funds garnished from IRA prior to petition date.
Issue(s)
Could debtor avoid prepetition garnishment of funds from an IRA?
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Court
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McCarthy v. Brevik (In re McCarthy)
Oct
28
2013
Ruling
Dismissal of debtor's avoidance proceeding for lack of standing reversed.
Issue(s)
Did bankruptcy court err in dismissing debtor's avoidance proceeding for lack of standing.
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Court
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Judge or Jurisdiction information not available
In re Turner
Apr
02
2013
Ruling
Debtor could not exercise trustee's powers to avoid deed of trust.
Procedural posture
Before the court was debtor's objection to secured status asserted by a creditor's proof of claim.
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Court
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Sandoval v. Century Bank (In re Sandoval)
Mar
19
2012
Ruling
Debtor's post-discharge avoidance proceeding dismissed.
Procedural posture
Plaintiff, a chapter 7 debtor, filed a complaint to recover an exempted preferential transfer under 11 U.S.C.S. § 547. Defendant transferee filed a motion to dismiss, contending that the complaint was filed too late.
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Court
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Wisotzke v. County of Ontario (In re Wisotzke)
Feb
04
2011
Ruling
Transfer in a state court tax proceeding could not be avoided as fraudulent where debtor did not qualify for state homestead exemption at time of transfer.
Procedural posture
Plaintiff Chapter 13 debtor filed a complaint against defendant county requesting a determination that a transfer in a state court tax proceeding was a fraudulent conveyance under 11 U.S.C.S. §§ 544 and 548, seeking to avoid the transfer under 11 U.S.C.S. § 522(h), seeking a money judgment. The county asserted various counterclaims. The county filed a motion for summary judgment, and the debtor filed a cross-motion for summary judgment.
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Court
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Fedor v. American Home Mortg. Servs. (In re Fedor)
Apr
30
2009
Ruling
Allegation of improper acknowledgement were sufficient to support mortgage avoidance proceeding.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant mortgagee seeking to avoid a mortgage under 11 U.S.C.S. § 522(h), based on an incorrect street address and a defective acknowledgment, and seeking to bifurcate the mortgagee's claim into secured and unsecured claims under 11 U.S.C.S. § 506(a). The mortgagee moved to dismiss the complaint for failure to state a claim.
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Court
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In re Gross
Oct
07
2008
Ruling
Debtor could not avoid lien on homestead after claiming alternative cash exemption.
Procedural posture
A debtor filed for relief under chapter 7 of the United States Bankruptcy Code and obtained an order of discharge. Almost eight years later, the debtor reopened the case and sought to avoid a lien, pursuant to 11 U.S.C.S. § 522(h), placed on the debtor's property by a judgment creditor.
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Court
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In re Cramer
Sep
12
2008
Ruling
Debtor's motion to avoid mechanics lien denied for failure to establish that lien was invalid.
Procedural posture
Before the court for ruling in this chapter 7 case was debtors' motion to avoid a plumbing company's mechanic's lien pursuant to 11 U.S.C.S. § 522(h).
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Court
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Gomez v. Kamper Invs. LLC (In re Gomez)
Apr
03
2008
Ruling
Foreclosure sale not completed under state law could be avoided.
Procedural posture
Debtors' amended complaint dropped all their previous causes of action except for a request for a declaratory judgment that legal title of their home property never transferred, or, in the alternative, a claim to avoid the transfer pursuant to 11 U.S.C.S. §§ 522(h), 544(a)(3). Defendants included the purchaser of debtor's foreclosed property. Pending was a final ruling as to the avoidance of the foreclosure sale and transfer of debtors' property.
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Court
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