- 11 U.S.C.
Harry Kaufmann Motorcars Inc. v. Benton (In re Benton)
Oct
20
2015
Ruling
Presentation of bad check by debtor's boyfriend resulted in nondischargeable debt due to debtor's misleading comminications to bank.
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Court
:
- 11 U.S.C.
In re Wagner
May
05
2015
Ruling
Debtor's right to participate in a settlement in multi-district litigation concerning a defective hip replacement device was not property of the estate.
Issue(s)
Was debtor's right to participate in a settlement in multi-district litigation concerning a defective hip replacement device, based on a procedure undergone by the debtor prior to the petition date, property of the estate?
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Court
:
- 11 U.S.C.
In re Trentadue
Mar
19
2015
Ruling
Claim for attorneys' fees awarded to debtor's former spouse due to debtor's protracted litigation was a nondischargeable domestic support obligation entitled to priority.
Issue(s)
Were sanctions assessed against debtor due to conduct in litigating custody proceedings against former spouse a nondischargeable domestic support obligation?
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Court
:
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
:
- 11 U.S.C.
Bastian v. Fast EFNDS (In re Bastian)
Feb
18
2014
Ruling
Debtor's amended complaint for violation of stay, filed without leave or issuance of summons, not subject to dismissal as creditors had filed answers.
Issue(s)
Should debtor's amended complaint in proceeding for violation of stay be dismissed where debtor did not seek leave of court to amend and court did not issue a summons?
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Court
:
- 11 U.S.C.
In re Uhlig
Jan
30
2014
Ruling
Chapter 13 plan excluding cash surrender value of whole life insurance policy could be confirmed.
Issue(s)
Whether the cash surrender value increase of a whole life policy over the life of the plan should be considered disposable income to be paid as an additional dividend to creditors with unsecured claims.
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Court
:
- 11 U.S.C.
Universal Restoration Servs. v. Hartung (In re Hartung)
Jan
17
2014
Ruling
Debtor's use of insurance proceeds from constructive trust intended for contractor resulted in nondischargeable debt.
Issue(s)
Was debt nondischargeable due to debtor's use of insurance proceeds held in constructive trust and intended for creditor contractor.
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Court
:
- 11 U.S.C.
In re Hollis
Jul
30
2013
Ruling
USDA setoff against tax refund did not violate stay given lack of notice of filing.
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Court
:
- 11 U.S.C.
Jacobs v. Jaeger-Jacobs (In re Jaeger-Jacobs)
Apr
10
2013
Ruling
Debtor's obligations to former spouse under marital settlement agreements were nondischargeable.
Procedural posture
Plaintiff, defendant debtor's former husband, filed a complaint against the debtor, seeking a determination that, pursuant to 11 U.S.C.S. § 523(a)(5) and /or § 523(a)(15), debts assigned to the debtor by the terms of the parties' marital settlement agreements (MSAs) were nondischargeable. The debtor and the husband each filed a motion for summary judgment.
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Court
:
In re 4848 LLC
Apr
08
2013
Ruling
Relief from stay granted where single asset real estate debtor's plan was too speculative.
Procedural posture
Single asset real estate debtor filed a chapter 11 bankruptcy petition to stave off foreclosure on its property. Creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d).
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Court
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