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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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10-2757 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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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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