Search OpinionsTotal: 106
In re Bungert, 315 B.R. 735 (September 2004) -- Judge Kelley
Proof required for entry of a default judgment in a nondischargeability action under Bankruptcy Code § 523(a)(2)(A) for credit card debt.
In re Gladney, No. 03-31411-svk (unpublished) (August 2004) -- Judge Kelley
Trustee not allowed to unabandon property.
In re Pokrzywinski, 311 B.R. 846 (July 2004) -- Judge Kelley
Simple interest, not add-on interest, is the proper method for calculating the amount of interest required on a Chapter 13 plan.
In re Bouzek, 311 B.R. 239 (June 2004) -- Judge Kelley
Wholesale (liquidation) value is the proper valuation for the redemption of collateral under Bankruptcy Code § 722.
In re Howard, 311 B.R. 230 (June 2004) -- Judge Kelley
The injunction provision of Bankruptcy Code § 109(g)(2) is permissive, rather than mandatory. See also Grossman v. Beal (In re Beal), 347 B.R. 87 (E.D. Wis. 2006).
In re Childers, 311 B.R. 232 (June 2004) -- Judge Kelley
Inability to pay does not establish the fraudulent intent necessary for the entry of a default judgment in a nondischargeability action for NSF checks.
In re Guseck, 310 B.R. 400 (May 2004) -- Judge Kelley
No need to reopen closed no-asset case to add unscheduled creditors to discharge "garden variety" debts.
In re FV Steel & Wire Co., 310 B.R. 390 (May 2004) -- Judge Kelley
Under old UCC Article 9, a financing statement listing only the debtor's trade name is "seriously misleading."
In re Harris, 310 B.R. 395 (May 2004) -- Judge Kelley
Violation of the automatic stay found when debtor’s former spouse attempted to reduce the maintenance he owed to her to compensate for her failure to pay a property division debt.
In re Wescott, 309 B.R. 308 (April 2004) -- Judge Kelley
Debtor can cure a mortgage arrearage in a Chapter 13 plan after the sheriff's sale and up until the confirmation hearing, because, under Wisconsin law, the debtor has the right to redeem the property up until the sheriff's sale is confirmed by the state court.