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Bankruptcy Court for the Western District of Wisconsin Court Cases
In Re Briese (1996)On March 4, 1996, the Court held a trial on the plaintiff's complaint to determine the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A). The plaintiff, Chevy Chase Bank, FSB, is an issuer of credit cards, and seeks to except from discharge its claim on a card issued to the debtors, David and Noreen Briese. The plaintiff contends that the debt should be determined nondischargeable on the grounds that the debtors falsely represented their intent to pay for a number of cash advances [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 95-10989-7. Adv. No. A95-1116-7
In Re Koch (1996)Kevin Koch, while a sole proprietor, contracted for roofing jobs and purchased materials from various suppliers. Between August, 1990, and November, 1990, Koch maintained an account with Chase Lumber & Fuel Company, Inc. He used materials purchased from Chase Lumber to complete numerous roofing repairs. According to Koch, he paid "whatever I had at the time from time to time." Chase Lumber credited the payments against the oldest charges. Koch folded his business in December, 1990. When he [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 95-30691-7. Adversary No. 95-3104-7
In Re McLaughlin (1995)Susan McLaughlin wanted to purchase a new mobile home from Steenberg Homes ("Steenberg"). The purchase was to be funded in part by financing available through Steenberg. Security Pacific Housing Services ("SPHS") conditionally agreed to accept from Steenberg an assignment of McLaughlin's retail installment contract. After the assignment, SPHS would receive the contract payments and hold a lien on the purchased mobile home. On April 27, 1994 McLaughlin signed a retail installment contract [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 94-31936-7. Adv. No. 94-3155-7
In Re Cilek (1990)
On November 6, 1987, plaintiff American Honda Finance Corporation ("Honda Finance") filed a complaint against the defendants Richard W. Cilek and Rosetta K. Cilek ("Debtors") to except from discharge under 11 U.S.C. §§ 523(a)(4) and 523(a)(6) their claim of $10,355.00, plus interest and repossession costs.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. EU7-87-02102, Adv. No. 87-0276-7
Matter of Hadden (1986)
On October 6, 1983, Scott Hadden ("debtor") commenced a civil action in Rock County Circuit Court against Stettler Construction Co. ("Stettler"). The debtor's first cause of action was for breach of a construction contract earlier entered into between the parties ("the contract"), and his second cause of action was for theft by contractor. On October 26, 1983, Stettler filed an answer denying the allegations and counterclaimed for attorney's fees provided under the contract.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. MM7-84-01149
In Re Kogler (2007)There is an oft-quoted saying, ostensibly an ancient curse, which bestows upon the recipient the desire that they might "live in interesting times." Certainly this notion fairly represents bankruptcy jurisprudence in the wake of the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, perhaps the most sweeping modification of American bankruptcy law since the enactment of the 1978 code. Legal changes tend to necessitate the reexamination of seemingly settled [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: 06-12027-7
In Re Derrick (1995)
Presently before the Court is the latest chapter in the continuing saga of these debtors, who in the course of the past several years have exhausted nearly every option the bankruptcy code has to offer. Given the rather torturous procedural history involved, a chronology of the events relevant to the dispute at hand must be established at the outset. These events are as follows:
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 93-10404-12. Adv. No. A93-1028-12
In Re Staniforth (1990)
This matter comes before the Court on the trustee's objection to the Debtor's amended claim for an exemption of an Individual Retirement Account (IRA) under WIS.STAT. 815.18(31). The Court has jurisdiction to decide this case under 28 U.S.C. § 157(b)(2)(B). James D. Sweet and William J. Rameker of Murphy & Desmond, S.C., appear for the Debtor; Arthur L. Eberlein, trustee, appears for himself.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. WU7-88-02678
Matter of Weis (1988)
On April 16, 1985, Joseph M. Weis filed a chapter 11 petition. Mr. Weis operated his business as debtor in possession ("D.I.P.") from that date until April 12, 1988, when he voluntarily converted the case to chapter 7. Thereafter, Michael Kepler served as trustee. Prior to conversion, the D.I.P. sought to recover certain preferential transfers. On February 26, 1986, the bankruptcy court dismissed all those claims.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Adv. No. 88-0114-7
Matter of Barth (1988)
In August of 1982, Judith Barth's ("Barth") son took out a $2,500 guaranteed student loan from the Bank of Waunakee, for which Barth signed as an "endorser" on September 15, 1982. The loan proceeds were used to finance her son's studies at the Madison Area Technical College.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Adv. No. 87-0256-7
Matter of Schnore (1981)The debtor, Leo Francis Schnore (hereinafter Schnore), is a 53 year old professor of sociology at the University of Wisconsin Madison. He earned $32,447.67 in 1979 and currently earns approximately $37,000 per year. From mid-1979 to January, 1980, he had maintained a balance of approximately $8,000 in a savings account. In the summer of 1979, he defaulted on a number of his credit card obligations by not making the required monthly payments. By September, he had large balances due on Visa, [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Adv. No. 80-0175
In Re Ridder (1994)
The Plaintiff, Tracy Ann Ridder ("Ridder"), filed a Chapter 13 bankruptcy and received a discharge on June 30, 1993. Thereafter, Defendant, Great Lakes Higher Education Corp. ("Great Lakes"), a holder of a nondischargeable student loan debt, threatened a state court action to collect postpetition interest on the debt.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. LM13-91-00850. Adv. No. 93-2442-13
Matter of Longua (1986)
This matter came on for a hearing on a request for payment of an administration expense on December 9, 1985, and was taken under advisement with the parties to submit briefs. Although there are some factual issues in dispute none affects the outcome. The sole question of law presented is whether the trustee is required to pay full reserved rent under section 365(d) of the Code, for the period when the trustee remained in possession of the premises.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. MM7-84-02218
Matter of Kochell (1982)
The present dispute is between the debtor and the trustee concerning the availability of two exemptions. The first exemption sought is under 11 U.S.C. § 522(d)(10)(E), for funds deposited in pension plans. The second is under 11 U.S.C. § 522(d)(3), for up to $200 in value in each of several items of household goods still in the possession of the seller of those goods.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. MM7-82-00560
In Re Salinas (1999)Few would argue that a good education is a precious, if not priceless, investment, well worth the time and expense necessary to obtain it. Aside from the intrinsic value of continued learning, on a purely monetary level today's college graduates earn a wage premium of more than 40% over those with only a high school diploma. As with most investments, however, that college degree comes with a price tagand in many cases, a big one. According to one study, if college tuition costs continue to [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 98-53293-7. Adversary No. 98-5159-7
In Re Kedrowski (2002)"Property," James Madison once wrote, "embraces everything to which a man may attach value and have a right." That concept is at the heart of this case, which also features a maze of intersecting principles regarding Native American tribal sovereignty, federal oversight of tribal gaming, and bankruptcy law. While the matter presents a rather novel issue of first impression in this Court, it is an issue that may see significant development in future years if tribal gaming revenues continue to [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: 00-54870-7
Matter of Lemanski (1986)
These consolidated adversary proceedings arise out of related pre-petition transfers of the debtors, James and Martha Lemanski. The trustee, Michael Kepler has sought to avoid the transfers pursuant to 11 U.S.C. §§ 547 and 548, to recover the same pursuant to 11 U.S.C. § 550, and to preserve the voided transfers for the benefit of estate pursuant to 11 U.S.C. § 551.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Adv. Nos. 85-0063-7 to 85-0065-7
In Re Page (1994)Robert and Jacqueline Page, husband and wife, worked farmland in Columbia County as tenants of Dale Zander ("Zander"). During the summer and fall of 1992, crops on that land were damaged by deer. On June 1, 1993, a judgment for eviction and money damages in the amount of $6,775 was entered against the Pages in favor of Zander. After being given notice of eviction by Zander, but before judgment was entered, Mr. Page applied for deer damage payment from the Wisconsin Department of Natural [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. 93-31786-7
In Re Clark (2011)
The debtors, Brandon Clark and Heidi Heffron-Clark, filed for bankruptcy on October 29, 2010. Their chapter 7 Trustee, William Rameker ("trustee"), and a judgment creditor, Resul and Zinije Adili, d/b/a Kegonsa Plaza, objected to the debtor's claim of exemption in a Pershing Beneficiary IRA. A hearing was held on February 7, 2011 at which the parties agreed to submit the matter on briefs.
Court: Bankruptcy Court for the Western District of Wisconsin Docket: 10-18035
Matter of McGraw (1982)Debtor, Gerald P. McGraw, filed a chapter 7 petition on November 14, 1980. Subsequently all issues in this case were settled except one. This issue concerns a personal injury suit filed by Joyce Mattimore Lawson, as guardian of the estates of Donna Mattimore, Douglas Mattimore, and Gail Mattimore against debtor's former employer, Lindgren Electric, Inc., Lindgren Electric's insurance company, General Casualty Company of Wisconsin and Donald Mattimore's insurance company, State Farm Mutual [...]
Court: Bankruptcy Court for the Western District of Wisconsin Docket: Bankruptcy No. MM7-80-01740