In re Moncree, 511 B.R. 922(June 2014) -- Judge Kelley
Debtor not permitted to amend confirmed plan to reduce value of property and thereby reduce amount of secured creditor's claim.
In re Ingram, 508 B.R. 98(March 2014) -- Judge Kelley
Attorneys' fees and punitive damages for stay violation denied when towing company held valid statutory lien on debtor's truck.
In re Ingram, 2014 Bankr. LEXIS 1217(March 2014) -- Judge Kelley
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.
State of Wisconsin-Department of Workforce Development v. Davis (In re Davis), 507 B.R. 280(March 2014) -- Judge Kelley
The Debtor was not personally liable under Wis. Stat. § 108.22(9) for a defunct corporation's liability for unpaid unemployment contributions.
In re Rove, 505 B.R. 502(October 2013) -- Judge Kelley
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.
In re Gerard, 495 B.R. 850(August 2013) -- Judge Kelley
Although the absolute priority rule continues to apply to individual chapter 11 debtors, debtor does not violate the rule by retaining exempt property.
In re McMahon Family L.P., 495 B.R. 411(July 2013) -- Judge Kelley
Debtor's tree farm operation probably did not qualify for Chapter 12, and Debtor's plan was not feasible.
In re Noll, 491 B.R. 550(May 2013) -- Judge Kelley
When Clerk issues notice of second claims bar date in reconverted case, creditor could file claim in reliance on that notice.
Rinaldi v. HSBC Bank USA, N.A. (In re Rinaldi), 487 B.R. 516(February 2013) -- Judge Kelley
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.
Fischer v. Bank of America, N.A. (In re Fischer), 483 B.R. 877(December 2012) -- Judge Kelley
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.