Skip to main content

Page Banner(Taxonomy)

judge furay

Acuna, In re--Acuna v. Ill. Dep't of Revenue

Ruling
Trustee's rights as a judicial-lien creditor rendered the IRS' unfiled tax lien not valid againstthe bankruptcy estate, but that did not extend to the debtor exercising the trustee's rights.(Bankr. W.D. Wis.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.

ABI Membership is required to access the full summary of Acuna, In re--Acuna v. Ill. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 27, 2022 , LexisNexis #0123-008

Acuna, In re--Acuna v. Ill. Dep't of Revenue

Ruling
Debtor's unpaid income tax for a taxable year ending on or before the petition date and lastdue before the petition date was nondischargeable. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Tax Period and Type.

ABI Membership is required to access the full summary of Acuna, In re--Acuna v. Ill. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 11, 2022 , LexisNexis #1222-081

Smith, In re

Ruling
Debtor's allegations were sufficient to establish a plausible claim for an undue hardshipdischarge of student loan debt. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Other

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 05, 2022 , LexisNexis #0922-086

Acuna, In re--Acuna v. Ill. Dep't of Revenue

Ruling
Debtor was entitled to summary judgment that the state department of revenue did not holdan allowed secured claim with respect to any of the debtor's disclosed property. (Bankr. W.D.Wis.)
Issue(s)
Exemptions.

ABI Membership is required to access the full summary of Acuna, In re--Acuna v. Ill. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 29, 2022 , LexisNexis #0922-054

Maple Leaf Cheese Coop., In re--Maple Leaf Cheese Coop. v. Maple Leaf Cheesemakers, Inc.

Ruling
Pre-petition claim for failure to restore cheesemaking plant was property of the estate. (Bankr.W.D. Wis.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

ABI Membership is required to access the full summary of Maple Leaf Cheese Coop., In re--Maple Leaf Cheese Coop. v. Maple Leaf Cheesemakers, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 14, 2022 , LexisNexis #0822-013

Trapp, In re--Velocity Capital Grp., LLC v. Trapp

Ruling
Debt was nondischargeable as debtor's failure to remit the receipts showed willfulness anddebtor consciously stopped making payments to the creditor despite the revenue purchaseagreements. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Trapp, In re--Velocity Capital Grp., LLC v. Trapp Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 05, 2022 , LexisNexis #0722-010

Meyers, In re--Jackson v. Meyers

Ruling
Creditor was not entitled to an award of treble damages on top of state court's award where thedecision did not consider punitive damages. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

ABI Membership is required to access the full summary of Meyers, In re--Jackson v. Meyers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 29, 2022 , LexisNexis #0622-085

Sternitzky, In re

Ruling
Cause existed to dismiss bankruptcy case based on the pattern of serial bankruptcy filings onthe eve of adverse consequences in a foreclosure and replevin process. (Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal.

ABI Membership is required to access the full summary of Sternitzky, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 23, 2021 , LexisNexis #0222-070

City View Land Dev., LLC, In re

Ruling
Debtor's proposed extension of payments to the creditors denied as it would have precludedthe creditors' claims from being classified as allowed secured claims. (Bankr. W.D. Wis.)
Issue(s)
Contents of Plan.

ABI Membership is required to access the full summary of City View Land Dev., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 23, 2021 , LexisNexis #0222-042

Ledin, In re--Layng v. Ledin

Ruling
Chapter 7 debtors' discharge was denied due to false oaths on their bankruptcy schedules andduring their Section 341 meeting of creditors. (Bankr. W.D. Wis.)
Issue(s)
Discharge; Grounds for Denial; Fraud.

ABI Membership is required to access the full summary of Ledin, In re--Layng v. Ledin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 19, 2021 , LexisNexis #0122-045