Search OpinionsTotal: 107
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.
In re Nelson, 308 B.R. 343 (April 2004) -- Judge Kelley
Discharge injunction of Bankruptcy Code § 524(a)(3) does not apply where spouses file joint, rather than serial, cases.
In re Mikulsky, 301 B.R. 726 (December 2003) -- Judge Kelley
Collateral estoppel applies to a nondischargeability proceeding where the state court awarded punitive damages based on the debtor's malicious conduct.
In re Young, 310 B.R. 127 (November 2003) -- Judge Kelley
When a mortgage arrearage is cured under Bankruptcy Code § 1322(e), a mortgage creditor is entitled to no more than it would have received under its written agreement with the mortgagor.
In re Merriwether, No. 02-02424-svk (unpublished) (November 2003) -- Judge Kelley
Undue hardship is a difficult burden for a debtor to overcome, and to discharge student loan debts requires much more than a garden variety hardship.
In re Trevisan, 300 B.R. 708 (October 2003) -- Judge Kelley
A prima facie case for fraud is required for an entry of a default judgment in a Bankruptcy Code § 523(a)(2)(A) nondischargeability action for passing NSF checks.
In re Delta Group, 300 B.R. 918 (October 2003) -- Judge Kelley
Bankruptcy Code § 544(b) does not allow a trustee in bankruptcy to avail himself of avoidance powers found under Wis. Stats. § 128.07.