Search OpinionsTotal: 116
In re Czerneski, 330 B.R. 240 (September 2005) -- Judge Kelley
A debtor husband could not claim the hardship exemption available to divorcing parties under Wis. Stat. § 767.255 and his payment of real estate taxes with marital funds was insufficient under Wis. Stat. § 766.63(1) to establish a marital interest in his wife's land and a federal wildcard exemption under Bankruptcy Code § 521(d)(5).
In re Murray, 330 B.R. 732 (September 2005) -- Judge Kelley
Flat fee of $2,000 for chapter 7 debtor's attorney in routine case was reduced on objection of US Trustee. The fee was set to cover discharge and exemption litigation that never materialized.
In re Tirado, 329 B.R. 244 (August 2005) -- Judge Kelley
Chapter 13 debtor's real estate broker was not required to comply with sections 327 and 330, and could be given an administrative claim under section 503(b).
In re Asherman, No. 04-33391-svk (unpublished). (May 2005) -- Judge Kelley
Debtor's employer held in contempt for failure to comply with payroll order.
In re Nejedlo, 324 B.R. 697 (April 2005) -- Judge Kelley
Evidence is needed to support Objections to Claims, even in the absence of response or appearance by Claimant. Agent is liable for corporate debt, where corporation's existence is not disclosed to Claimant.
In re Grabow, 323 B.R. 236 (April 2005) -- Judge Kelley
Chapter 13 plan that treated real estate tax claim as priority claim, not secured claim, could not be confirmed.
In re Jarosz, 322 B.R. 662 (March 2005) -- Judge Kelley
In default context, invalid mortgage is an avoidable preferential transfer.
In re Olsen, 322 B.R. 400 (March 2005) -- Judge Kelley
In a lien avoidance action under Bankruptcy Code § 522(f), real property which was once contiguous to the homestead dwelling but then severed from it, is not "reasonably necessary" for the Debtors’ use as a home under Wis. Stats. § 990.01(14).
In re Bowles, 318 B.R. 129 (December 2004) -- Judge Kelley
Wisconsin's "theft by contractor" statute does not apply to a project in Illinois, for purposes of a nondischargeability action under Bankruptcy Code § 523(a)(4).
In re Spraggins, 316 B.R. 317 (October 2004) -- Judge Kelley
The replacement value for consumer goods purchased within 90 days of filing the bankruptcy petition is the purchase price of the goods. For automobiles, the purchase price is the presumptive replacement value, unless other evidence is presented.