- 11 U.S.C.
Durand, In re
Mar
20
2024
Ruling
Creditor’s motion for relief from stay granted as debtor had not shown a reasonable prospectfor a timely reorganization. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.
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Nordgaard, In re
Nov
29
2023
Ruling
Debtor's claim of the use of the funds awarded in her divorce under state retirementexemption was disallowed as equalization payment funds could not reasonably have beenconstrued as a retirement account. (Bankr. W.D. Wis.)
Issue(s)
Exemptions; Burden of Proof.
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Nordgaard, In re
Nov
29
2023
Ruling
Debtor's claim of the use of the funds awarded in her divorce under state retirementexemption was disallowed as equalization payment funds could not reasonably have beenconstrued as a retirement account. (Bankr. W.D. Wis.)
Issue(s)
Exemptions; Burden of Proof.
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:
- 11 U.S.C.
Warfel, In re--Warfel v. 21st Mortg. Corp.
Aug
09
2023
Ruling
Defendant's lien was avoidable as the lien was not properly perfected as the manufacturedhome was intended and considered to be a fixture. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan.
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:
- 11 U.S.C.
Eliason, In re
Aug
08
2023
Ruling
Requiring the debtors to pay back the wife's student loan obligations to a bank posed anundue hardship where they had struggled to maintain a minimal standard of living since thewife graduated from a university. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Hoven, In re--Burritt v. Hoven
Apr
11
2023
Ruling
Claim of nondischargeability failed as judgment creditor failed to meet his burden of proving a debtor's actions were malicious. (Bankr. W.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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- 11 U.S.C.
Rassbach, In re--Parr v. Rassbach
Mar
13
2023
Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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:
- 11 U.S.C.
Rassbach, In re--Parr v. Rassbach
Mar
13
2023
Ruling
Nondischargeability complaint survived debtors' motion to dismiss as the allegations were enough to at least state a claim for which relief might be granted. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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:
- 11 U.S.C.
Johnson, In re
Jan
24
2023
Ruling
Motion to dismiss nondischargeability proceeding denied as allegations that a boat's defectivetransmission was substantially certain to result in injury sufficiently stated willfulness andalleged maliciousness. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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:
- 11 U.S.C.
Peterman, In re
Dec
20
2022
Ruling
Dismissal of debtor's Chapter 7 bankruptcy case denied as the only secured debt that thetrustee identified as an unnecessary luxury item was the boat needed for debtor’s sidebusiness. (Bankr. W.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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