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western district of wisconsin

Cranberry Growers Coop., In re

Ruling
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on June 27, 2018 , LexisNexis #0818-020

Cranberry Growers Coop., In re

Ruling
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on June 27, 2018 , LexisNexis #0818-020

Modeen, In re--Manion v. Modeen

Ruling
Court granted debtor partial relief on student loan debt as she did not have any conditions that seriously limited her employability. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on June 08, 2018 , LexisNexis #0718-041

Muhammad, In re

Ruling
Court ruled that overpayment of benefits through the FoodShare program was not a domesticsupport obligation as it was incurred on behalf of debtor's grandchild. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on June 01, 2018 , LexisNexis #0718-015

Bailey-Pfeiffer, In re

Ruling
Court dismissed case but allowed debtor to avoid dismissal by converting case to one underchapter 7 or 11 as her ineligibility for chapter 13 could not be cured. (Bankr. W.D. Wis.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on March 23, 2018 , LexisNexis #0818-079

Hall, In re--Lenfant v. Hall

Ruling
Debtor who received contract funds was deemed a fiduciary of an express trust and thereforecomitted defalcation by comingling funds from different projects, as well as failing to accountfor his expenditures from the said funds. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 23, 2018 , LexisNexis #0418-014

Hazelton, In re

Ruling
Debtor's unpaid tution is considered a qualified education loan and is thus nondischargeable,despite the fact that no money actually exchanged hands. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on February 23, 2018 , LexisNexis #0418-016

Krus, In re

Ruling
Court could not confirm plan as debtors failed to show that they would have savings oralternate financing available to make the large balloon payment proposed in their plan.(Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 21, 2018 , LexisNexis #0418-022

Rodriguez, In re--Georgeson v. Rodriguez

Ruling
State court judgment deemed dischargeable as it was both reasonable and predictable thatdebtor would eventually throw out the belongings of a person who no longer lived in hishouse. (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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Consumer opinion summary, case decided on January 31, 2018 , LexisNexis #0318-046

Johnson, In re

Ruling
Confirmation of debtor's plan was denied because it is not feasible and it proposes aninadequate interest rate on secured creditor's claims. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on January 12, 2018 , LexisNexis #0218-088