Legal Opinion

In Re Oriole Kjellsen. Terry D. Wieczorek v. Shirley Woldt Oriole Kjellsen

Court of Appeals for the Eighth Circuit

Decided June 16, 1995No. 94-1821PublishedCited by 18 opinions

1Per curiam

Shirley Woldt and her mother, Oriole Kjellsen, appeal the District Court’s 1 reversal of the Bankruptcy Court’s denial of a motion to dismiss the Chapter 13 petition. We affirm.

In 1990, a South Dakota Circuit Court found that Kjellson suffered from dementia which prevented her from adequately managing her estate. The Circuit Court further found that, on numerous occasions, Woldt had acted on behalf of Kjellson pursuant to a durable power of attorney and that there was evidence of overreaching by Woldt, including several loans and funds transfers which were not in Kjellsen’s best interests. In…

2Cases cited4 opinions

  1. Garrick v. WeaverCourt of Appeals for the Tenth Circuit · 1989
  2. Walter C. Keenihan and Leta B. Keenihan v. Heritage Press, Inc., Debtor Ronald G. Oberlag Gail OberlagCourt of Appeals for the Eighth Circuit · 1994
  3. In Re KjellsenUnited States Bankruptcy Court, D. South Dakota · 1993
  4. In Re Guardian. Howes' EstateSouth Dakota Supreme Court · 1944

3Cited by18 opinions

  1. In Re Jones Truck Lines, Inc., an Arkansas Corporation, Debtor. Jones Truck Lines, Inc. v. Foster's Truck & Equipment Sales, Inc.Court of Appeals for the Eighth Circuit · 1995
  2. In Re MazzoconeDistrict Court, E.D. Pennsylvania · 1996
  3. Huisinga v. Koch (In Re Koch)District Court, D. South Dakota · 1995
  4. In Re MurrayUnited States Bankruptcy Court, M.D. Tennessee · 1996
  5. In Re WileyDistrict Court, N.D. Iowa · 1995

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