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judge kelley

Papageorge, In re

Ruling
Debtor was entitled to a discharge where trustee failed to establish a pattern of recklessdisregard for the truth and that the debtor acted with fraudulent intent. (Bankr. E.D. Wis.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on December 12, 2018 , LexisNexis #0119-080

Anderson, In re--Anderson Tooling, Inc. v. Anderson

Ruling
Debt was nondischargeable where court found that debtor's motive was to inflict injury when he intentionally and improperly interfered with business relationships. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on August 02, 2018 , LexisNexis #0918-051

Bushberger, In re

Ruling
Court ruled FDCPA action was property of the bankruptcy estate where the cause of actionaccrued prepetition but debtor could schedule and claim exempt subject to the rights of thecreditors and trustee to object to the exemption. (Bankr. E.D. Wis.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on June 27, 2018 , LexisNexis #0818-013

Bushberger, In re

Ruling
Court ruled FDCPA action was property of the bankruptcy estate where the cause of actionaccrued prepetition but debtor could schedule and claim exempt subject to the rights of thecreditors and trustee to object to the exemption. (Bankr. E.D. Wis.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on June 27, 2018 , LexisNexis #0818-013

Univ. of Wis. Oshkosh Found., Inc., In re--Univ. of Wis. Oshkosh Found., Inc. v. Bd. of Regents of the Univ. of Wis. Sys.

Ruling
Action to recover a preferential transfer made to a state agency was not barred. (Bankr. E.D. Wis.)
Issue(s)
Turnover of Property to the Estate.

ABI Membership is required to access the full summary of Univ. of Wis. Oshkosh Found., Inc., In re--Univ. of Wis. Oshkosh Found., Inc. v. Bd. of Regents of the Univ. of Wis. Sys. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 12, 2018 , LexisNexis #0518-076

POC Props., LLC, In re

Ruling
Court made a non-binding estimate of the bank's claims for purposes of voting to accept or reject the plan and for purposes of distribution under a confirmed plan. (Bankr. E.D. Wis.)
Issue(s)
Allowance of Claims or Interests; Estimated Claims.

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Commercial opinion summary, case decided on December 05, 2017 , LexisNexis #0118-040

Marks Family Trucking, LLC, In re--Marks Family Trucking, LLC v. United States

Ruling
United States did not violate the stay by seizing or refusing to return the truck to plaintiff asautomatic stay does not protect a debtor or property of the estate from the government'sexercise of its police powers. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Commercial opinion summary, case decided on December 01, 2017 , LexisNexis #0118-005

Butler, In re--Dorsch v. Butler

Ruling
Motion for judgment denied as the complaint did not state and establish any allegations sufficient to establish a claim of fraud. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on November 06, 2017 , LexisNexis #1217-043

City Wide Invs., LLC, In re--City Wide Invs., LLC v. City of Milwaukee

Ruling
Debtor may recover the value of the property from the city where city's taking of the propertythrough foreclosure was deeemeds as a fraudulent transfer. (Bankr. E.D. Wis.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on October 03, 2017 , LexisNexis #1117-056

Invs. I, LLP

Ruling
Debtor entitled to recover from lessor as debtor received less than reasonable value whenlessor cancelled its obligation to pay rent and taxes. (Bankr. E.D. Wis.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on May 23, 2017 , LexisNexis #0717-018