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.
Moss v. Sallie Mae, Inc., 470 B.R. 505(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, 470 B.R. 495(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.
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 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 United Pension Trust Fund v. Mueller, 2011 Bankr. LEXIS 2290(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.
Patterson v. Homecomings Financial, LLC, 444 B.R. 564(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.