Laura L. Kulm Ask
How Judge Ask rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Ask decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A debtor can preserve a homestead while temporarily living elsewhere when the property remains embraced as home and abandonment is not voluntary.
“the Court found the debtor had preserved her homestead interest since the debtor owned and maintained the property on the date of filing bankruptcy and embraced it as her home”
Procedural preferences
A stale avoidance action requires evidence supporting equitable tolling, not merely a late filing.
“the trustee-plaintiff did not establish the statute of limitations was equitably tolled.”
Cautions
An insider asset sale needs proof of fair value, estate benefit, and genuine arm's-length negotiation.
“The debtor failed to prove the sale of the shares to an insider at the proposed price and under the proposed seller financing plan was in the best interest of the bankruptcy estate, was a fair and reasonable price, and was the result of vigorous, arms-length, good faith negotiations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Yes, the Court granted the defendant’s motion for summary judgment, and denied the trustee-plaintiff's motion.”
“Yes, the Court granted the defendant's motion for summary judgment, and denied the trustee-plaintiff’s motion.”
“The Court denied the plaintiffs' motion for summary judgment and granted the defendant's motion.”
“The creditor's summary judgment motion arguing res judicata and collateral estoppel was denied since the creditor failed to prove all of the elements of nondischargeability under 11 U.S.C. §523(a)(2)(A) were actually and necessarily decided by the state court.”
“The Court granted the debtor-plaintiff partial summary judgment on the first five elements under 11 U.S.C. §547(b), namely: the debtor had an interest in the property that was transferred, it was transferred to or for the benefit of a creditor, on account of an antecedent debt owed by the debtor to the defendant, while the debtor was insolvent, and within 90 days before the debtor filed his bankruptcy petition.”
“Yes. The attorney represented he has a concurrent conflict of interest between his clients who are directly adverse to each other and established good cause that his continued representation of the debtor would result in a violation of the South Dakota Rules of Professional Conduct, which govern the practice of attorneys pursuant to Bankr. D.S.D. R. 2090-1.”
“Debtors are entitled to exempt the Garnished Wages from the bankruptcy estate under S.D.C.L. §43-45-4, and the Court will overrule Trustee Meadors’ Objection to Claimed Exemptions.”
“Yes. The Court dismissed the debtor’s case and barred the debtor from filing a subsequent bankruptcy case for 12 months pursuant to 11 U.S.C. §§ 105(a) and 349(a) to prevent further abuse of the bankruptcy process by this serial filer.”
“For the reasons stated herein, Trustee Meadors’ motion shall be granted.”
“No, the Court sustained the chapter 7 trustee’s objection to the debtors’ claim of a homestead exemption.”
“No, the debtor's case was dismissed.”
“Yes. In construing S.D.C.L. §§ 43-31-1 and 43-45-3 liberally in the debtor’s favor as it relates to her homestead, the Court found the debtor had preserved her homestead interest”
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