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United States Bankruptcy Court, W.D. Wisconsin

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In re Gialamas, 18-13341. (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Nov. 20, 2019 Citations: 18-13341.

MEMORANDUM DECISION ON THE DEBTOR'S SECOND MOTION TO EXTEND THE EXCLUSIVE PERIODS TO FILE AND OBTAIN ACCEPTANCE OF A PLAN THOMAS M. LYNCH , Bankruptcy Judge . This case began as an involuntary chapter 7 case and, upon the Debtor's motion, was converted to chapter 11 on February 27, 2019. In a previous order entered pursuant to 11 U.S.C. 1121(d), this court extended the exclusivity period for the Debtor to file a plan of reorganization and obtain acceptance of that plan to and through...

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In re Gialamas, 606 B.R. 798 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Sep. 03, 2019 Citations: 606 B.R. 798, 18-13341-tml.

MEMORANDUM DECISION Thomas M. Lynch , United States Bankruptcy Judge . The matter comes before the court on the motion of creditor Erick Hallick for relief from the automatic stay and to abandon property. (ECF No. 167.) The motion as filed addressed two parcels of real property: a condominium in Chicago and a strip mall in Prairie Du Chien, Wisconsin. However, the motion as it relates to the Chicago condominium was resolved by an agreed order on stipulation entered on June 18, 2019,...

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In re Rusch, 18-14155-7 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Aug. 09, 2019 Citations: 18-14155-7, 19-20.

DECISION CATHERINE J. FURAY , Bankruptcy Judge . Edward W. Rusch ("Defendant") filed a voluntary chapter 7 petition on December 17, 2018. Pamela Haglund ("Plaintiff") filed an adversary proceeding objecting to discharge and for determination of dischargeability on March 13, 2019. Defendant filed a pro se answer seeking to dismiss the adversary complaint on July 8, 2019. BACKGROUND Defendant is the son of Norma Rusch ("Norma") and acted in the capacity of financial power of attorney for...

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In re Jung, 604 B.R. 773 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Jul. 02, 2019 Citations: 604 B.R. 773, 18-12211-7, 18-52.

MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . The Internal Revenue Service ("IRS") issued Notices of Deficiency to Harold ("Harold") and Alia Jung ("Alia") (collectively, "the Jungs") for additional taxes and penalties owed for the tax years 2008 to 2013. Fourteen days after the second Notice, the Jungs filed a voluntary chapter 7. Harold filed this adversary proceeding seeking to determine and discharge his tax liability and penalties. 1 The IRS moved to...

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In re Gialamas, 18-13341. (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Jun. 27, 2019 Citations: 18-13341.

MEMORANDUM DECISION ON THE DEBTOR'S MOTION TO EXTEND THE EXCLUSIVE PERIODS TO FILE AND OBTAIN ACCEPTANCE OF A PLAN THOMAS M. LYNCH , Bankruptcy Judge . The Bankruptcy Code gives the Debtor an exclusive 120-day period to file a proposed plan of reorganization. 11 U.S.C. 1121(b). This case, which began as an involuntary Chapter 7 case, was converted to Chapter 11 on February 27, 2019. Accordingly, the Debtor now has through June 27, 2019, to file a plan and until August 26, 2019, to gain...

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In re Kluck, 612 B.R. 735 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Jun. 14, 2019 Citations: 612 B.R. 735, 18-10019-7.

MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Lydell and Margaret Kluck ("Debtors") filed a voluntary joint chapter 7 petition. Debtors claimed an annuity as exempt. Trustee James Block ("Trustee") objected to the exemption. The parties filed a Joint Stipulation of Facts. BACKGROUND Before filing their petition, Mr. Kluck owned, among other assets, a 1974 Plymouth, two parcels of real estate in Marathon County, two parcels of real estate in Portage County, and 6....

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In re Schroeder Brothers Farms of Camp Douglas LLP, 602 B.R. 695 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI May 30, 2019 Citations: 602 B.R. 695, 16-13719-11.

MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Schroeder Brothers Farms of Camp Douglas LLP ("Debtor") filed a Chapter 11 petition on November 2, 2016. The Court confirmed the Debtor's Plan on June 20, 2018. The matters here are the Motion by the Official Committee of Unsecured Creditors for Appointment of Liquidating Trustee (the "Motion") and Debtor's Motion to Convert to Chapter 12. BACKGROUND The Court confirmed the Debtor's Plan. Article XIII of the Plan is...

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In re Jung, 597 B.R. 872 (2019)
United States Bankruptcy Court, W.D. Wisconsin Filed:WI Feb. 21, 2019 Citations: 597 B.R. 872, 18-12211-7, 18-52.

MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Harold Jung asks the Court to determine the dischargeability of taxes and penalties assessed by the Internal Revenue Service ("IRS") for the tax years 2008 to 2013. 1 Jung and his wife, Alia, received Notices of Deficiency from the IRS for those years. Shortly after the second Notice of Deficiency, they filed a Chapter 7 petition. Jung then filed this adversary. The IRS responded with a Motion to Dismiss on the...

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