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.
In re Washington, 483 B.R. 871(December 2012) -- Judge Kelley
Court allows late-filed Chapter 13 claim for creditor without notice under three limited conditions.
In re Archdiocese of Milwaukee, 483 B.R. 855(December 2012) -- Judge Kelley
Court denied creditors' committee's request for derivative standing to bring fraudulent transfer claim against Debtor's parishes.
In re Archdiocese of Milwaukee, 483 B.R. 693(December 2012) -- Judge Kelley
Court denied creditors' committee's request to (1) assert alter ego claims against Debtor's parishes; and (2) substantively consolidate the parishes with the Debtor.
McDonald v. Little Limestone, Inc. (In re Powers Lake Constr. Co.), 482 B.R. 803(November 2012) -- Judge Kelley
Trustee could recover preferential payment made by Debtor contractor to subcontractor despite Wisconsin Statute creating trust fund in amounts paid by owners to contractors, because between date that Debtor received payment from owner and check to subcontractor cleared Debtor's bank, Debtor's bank account went into a negative balance. Under the "lowest intermediate balance test," this destroyed the trust fund. Subcontractor's giving of a lien release did not satisfy the contemporaneous exchange defense, but whether payment was in ordinary course of business could not be decided on summary judgment, based on the materials submitted.
Gerard v. Gerard (In re Gerard), 482 B.R. 265(November 2012) -- Judge Kelley
State court jury's determination that debtor committed slander of title was given preclusive effect, and judgment debt was nondischargeable as a willful and malicious injury under § 523(a)(6).
In re Thongta, 480 B.R. 317(October 2012) -- Judge Kelley
Chapter 13 Trustee is not required to provide Rule 3002.1 Notice of Final Cure Payment to Creditor that has received relief from stay and withdrawn its claim. If Trustee does provide such a Notice, the Creditor does not lose any rights by failing to respond.
In re Dorff, 480 B.R. 919 (October 2012) -- Judge Kelley
Where debtor's failure to pay the filing fee was not caused by circumstances beyond the debtor's control, Court would not vacate the order of dismissal.
In re Tekavec, 476 B.R. 555(August 2012) -- Judge Kelley
Partially secured short term home equity line of credit could be crammed down under § 1322(c)(2), even though the initial term of the agreement was extendable and renewable at the option of the creditor.