Attorneys' fees and punitive damages for stay violation denied when towing company held valid statutory lien on debtor's truck.
Debtor's attorney forced to refund entire fee when she gave inappropriate advice to file bankruptcy when a state court action was warranted, filed inaccurate schedules and fee disclosure and failed to appear at a hearing on enforcement of the stay taking the position that her fee did not cover that hearing.
The Debtor was not personally liable under Wis. Stat. § 108.22(9) for a defunct corporation's liability for unpaid unemployment contributions.
Debtor was allowed to exempt interest in Dairy Cooperative equity account under § 522(d)(10)(E) because account was payable on account of age and was similar to a profit-sharing plan.
Although the absolute priority rule continues to apply to individual chapter 11 debtors, debtor does not violate the rule by retaining exempt property.
Debtor's tree farm operation probably did not qualify for Chapter 12, and Debtor's plan was not feasible.
When Clerk issues notice of second claims bar date in reconverted case, creditor could file claim in reliance on that notice.
Court dismissed Debtors' challenges to mortgage note and mortgage that had been transferred to securitized trust based on Wisconsin law concerning endorsement of negotiable instruments and also denied Debtors' RICO, FDCPA and common law fraud claims. The Decision discusses the procedure for deciding an adversary proceeding that involves core and non-core claims as well as the Rooker Feldman doctrine.
Based on Rooker-Feldman doctrine and doctrine of claim preclusion, Chapter 13 Debtors' attempt to strip mortgage lien denied when state court previously determined that mortgage was in first position.
Court allows late-filed Chapter 13 claim for creditor without notice under three limited conditions.