Eichline, Earl et al v. Kepler, Michael

Filing 17

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN MICHAEL E. KEPLER, United States Trustee, JUDGMENT IN A CIVIL CASE Plaintiff-Appellee, Case No. 12-cv-113-wmc v. EARL A. EICHLINE and EARL A. EICHLINE REVOCABLE TRUST, Defendants-Appellants. 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 9/30/2014 Date

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