Lazarz, In re--Rob's Auto., LLC v. Lazarz
Jan
13
2021
Ruling
Claims with respect to alleged overreimbursements were dischargeable as creditor made noshowing that when the checks were written, debtor knew the representation of amount duewas false. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Spindler, In re
Dec
28
2020
Ruling
Re-amortized secured debt could be paid directly to the creditor as factors supported debtorspaying directly. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of
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Court
:
- 11 U.S.C.
Hazelton, In re
Sep
25
2020
Ruling
Sanctions were inappropriate where creditor sought to collect unpaid tuition it reasonablybelieved was nondischargeable student loan debt. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Gialamas, In re
Sep
21
2020
Ruling
Receiver's motion to void a provision in the debtor's plan was denied as he did not objectbefore it was confirmed. (Bankr. W.D. Wis.)
Issue(s)
Effect of Confirmation.
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Court
:
- 11 U.S.C.
Hoel, In re
Jul
20
2020
Ruling
Debtors did not satisfy Chapter 12 eligibility requirements as their horse boarding activity did not constitute a farming operation and did not bear the risks of fluctuations in market prices and upkeep costs. (Bankr. W.D. Wis.)
Issue(s)
Who May Be a Debtor; Chapter 12.
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Court
:
( Judge Furay ) [ Bankruptcy Court ]
- 11 U.S.C.
Harvey, In re--Park St. Apts., LLLP v. Harvey
Jul
10
2020
Ruling
Motion for summary judgment granted where debtor made false representations with the intent and purpose of deceiving the plaintiffs. (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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Court
:
( Judge Furay ) [ Bankruptcy Court ]
Friedrich, In re
May
05
2020
Ruling
Bank's motion to dismiss debtor's Chapter 13 case was granted as debtor's noncontingent,liquidated unsecured claims exceeded the statutory amount of $419,275 set forth in § 109(e).(Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
- 28 U.S.C.
Carmona v. Osnet Wireless Corp.
Mar
13
2020
Ruling
Mandatory abstention applied to proceeding concerning state law issues that would have nosignificant effect on debtor’s bankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
Garnett v. Harvey (In re Harvey)
Mar
13
2020
Ruling
Debt was nondischargeable on grounds of fraud and willful and malicious injury. (Bankr. W.D.Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Frasier, In re
Feb
26
2020
Ruling
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
: