In re Tekavec (August 2012) (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.
Moss v. Sallie Mae, Inc., 2012 Bankr. LEXIS 1693 (April 2012) -- Judge Kelley
Student loan creditor's policy conditioning debtor's new post-petition student loan on cure of default on pre-petition student loan did not violate automatic stay or anti-discrimination provisions of 11 U.S.C. § 525(c).
In re Archdiocese of Milwaukee, 2012 Bankr. LEXIS 708 (February 2012) -- Judge Kelley
Negligence claims against the Archdiocese were derivative of the original abuse claims and shared the same statute of limitations; a question of fact for trial remained on when the fraud claims were or should have been discovered.
In re Archdiocese of Milwaukee, 2012 Bankr. LEXIS 634 (February 2012) -- Judge Kelley
Claimant who settled and released his claims against the Archdiocese prior to the petition was bound by the release, and failed to prove the required elements for fraudulent inducement into settlement.
In re Weise, 455 B.R. 702 (September 2011) -- Judge Kelley
In Chapter 13 case, junior lienholder’s secured status is not affected by the senior lienholder’s failure to file a claim within 90 days of the § 341 meeting of creditors.
Building Trades v. Mueller, 2011 Bankr. LEXIS (June 2011) -- Judge Kelley
Creditor's Motion for Summary Judgment denied where factual issues remained on whether Debtor's violation of theft by contractor statute was more than merely negligent.
In re Robenhorst, 2011 Bankr. LEXIS 1383 (April 2011) -- Judge Kelley
Above median income Chapter 13 debtors not required to dedicate one-half of their tax refunds to unsecured creditors in a post-confirmation plan modification where the original plan contained no such requirement, the modification was necessary to accommodate an increased mortgage arrearage claim, and the debtors reduced their expenses in good faith.
In re Johnson, 446 B.R. 921 (March 2011) -- Judge Kelley
Chapter 13 Debtor's student loans did not qualify for "special circumstance" treatment, but could be separately classified without unfairly discriminating against other unsecured creditors because the student loans were long-term debts extending beyond the length of the plan.
Patterson v. Homecomings Financial, LLC, 444 (February 2011) -- Judge Kelley
Chapter 13 Debtors' complaint alleging that mortgage servicer violated stay by charging and collecting post-petition, pre-confirmation attorneys' fees without disclosing those fees to the Court, survived motion to dismiss.
In re Jiter, 2011 Bankr. LEXIS 446 (February 2011) -- Judge Kelley
Chapter 13 debtors violated the disposable income requirement by including priority tax claims in the calculation of payments to unsecured creditors.