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Tag Archives: Bankruptcy Digest

10-C-1128 In re Fair

Bankruptcy Unsecured liens; strip-off A wholly unsecured junior lien on the principal residence of a debtor can be stripped-off in chapter 13 despite the operation of 11 U.S.C. 1328(f)(1). “Many of the cases which refuse to allow lien stripping in ...

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10-11874 In re Peterson

Bankruptcy Issue preclusion Issue preclusion does not bar a bankrupt gambler from contesting the dischargeability of a Nevada casino’s default judgment. “Peterson never litigated the issue of fraud. Peterson stopped pursuing his case on, or shortly after, May 11, 2009. ...

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10-12596 In re Horsfall

Bankruptcy Nondischargeability; issue preclusion A grant of summary judgment in state court on a tortious interference with contract claim does not preclude the defendant from discharging the debt in bankruptcy. “First Weber faced a lower burden of proof in the ...

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10-32528 In re Johnson

Bankruptcy Student loans Student loan obligations are not a special circumstance under 11 U..C. 707(b)92)(B); but a debtor may separately classify the loan obligations and maintain regular payments on them. “The Debtor has failed to demonstrate that the repayment of ...

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10-2757 In re Davis

Bankruptcy Discharge; fraud A judgment pursuant to a state’s home improvement act can be discharged in bankruptcy. “At bottom, this case involves a miscommunication, not fraud. Reeves and Davis had different understandings of what was included in the contract. The ...

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08-15716-7 In re Risler

Bankruptcy Estate Where an unambiguous deed gives the debtor an interest in real estate, the trustee is authorized to sell it for the benefit of creditors. “As the Wisconsin Supreme Court has observed, if a deed is susceptible to only ...

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10-32042 In re Snyder

Bankruptcy Sanctions Where an attorney filed a bankruptcy petition, knowing the client was not eligible for discharge, for the sole purpose of delaying a garnishment creditor, a $500 sanction is appropriate. “She freely admitted she had filed the case solely ...

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09-15224 In re Bronk

Bankruptcy Exemptions; EdVest EdVest College Savings Plans are not exempt property in bankruptcy. “It is certainly not inconceivable that the Wisconsin legislature intended to create an unlimited exemption for college savings accounts and that the ‘account owner’ would be entitled ...

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10-38561 In re Willems

Bankruptcy Retroactivity The Supreme Court’s recent decision in Ransom v. FIA Card Services, 2011 U.S. LEXIS 608 (Jan. 11, 2011), applies retroactively to unconfirmed Chapter 13 plans filed prior to the decision.  “Ransom announces the Supreme Court’s construction of the ...

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10-1882 In re Berman

Bankruptcy Nondischargeability; fiduciary duty Even if a corporate director or officer of an insolvent corporation owes a fiduciary duty to creditors, that duty is not a basis for non-dischargeability of the debt, absent fraud. “Here, the bankruptcy judge correctly concluded ...

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09-907 Ransom v. FIA Card Services, N.A.

Bankruptcy Means test; car payments A debtor who does not make loan or lease payments may not take the car-ownership deduction. The vehicle-ownership category covers only the costs of a car loan or lease. The expense amount listed ($471) is ...

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10-34145 In re George

Bankruptcy Exemptions A debtor who cannot exempt property under either the Wisconsin state exemptions or another state’s exemptions can use the federal exemptions under sec. 522(d). “The context of the exemption statute in the state court judgment enforcement provisions and ...

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10-12245-13 In re Holmdahl

Bankruptcy Foreclosure sales Where the debtor’s house was bought at a sheriff’s sale after foreclosure, but the down payment was forfeited, the down payment is to be used to reduce the debtor’s arrearages on the house. “In truth, the forfeited ...

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09-12461-7 In re Rieck

Bankruptcy Discharge; fraud Summary judgment on a debt’s nondischargeability for fraud is inappropriate where the debtor is a contractor, and there is a factual dispute whether he was negligent or committed an intentional theft. “In essence, there is a dispute ...

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08-16947-7 In re Casper

Bankruptcy Discharge; exceptions; misrepresentation Where both the debtor and the creditor were engaged in a property flipping scheme, the creditor’s reliance on the debtor’s misrepresentations was not reasonable, and the debt can be discharged in bankruptcy. “It is also true ...

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