Eichline, Earl et al v. Kepler, Michael
JUDGMENT entered in favor of Appellee Michael E. Kepler dismissing the case. (VO). Signed by Peter A. Oppeneer, Clerk of Court on 9/30/2014. (voc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL E. KEPLER,
United States Trustee,
JUDGMENT IN A CIVIL CASE
Case No. 12-cv-113-wmc
EARL A. EICHLINE and EARL A.
EICHLINE REVOCABLE TRUST,
This action came for consideration before the court with District Judge William M.
Conley presiding. The issues have been considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
that judgment is entered granting plaintiff-appellee Michael E. Kepler’s motion to alter or amend
the judgment as follows:
1) The transfer of Earl’s right to have the Property conveyed to him is an avoidable
transaction pursuant to 11 U.S.C. § 549 ;
2) For the benefit of the bankruptcy estate, the trustee shall recover that right and the
Property may be recovered from the Trust pursuant to 11 U.S.C. § 550 ;
3) This remedy is also consistent with the bankruptcy court’s equitable powers pursuant
to 11 U.S.C. § 105 (a) ; and
4) Affirming the bankruptcy court’s decision in all other respects.
s/V. Olmo, Deputy Clerk
Peter Oppeneer, Clerk of Court
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