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.
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 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.
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.
In re Willems, 442 B.R. 918 (February 2011) -- Judge Kelley
Supreme Court's decision in Ransom (preventing deduction of ownership expense to vehicles owned free and clear) applies retroactively to plans that have been filed, but not confirmed, when decision was issued on January 11, 2011.
In re Hilgendorf, 2011 Bankr. LEXIS 429 (February 2011) -- Judge Kelley
Chapter 13 debtors could not apply tax refunds to shorten length of plan, rather tax refunds had to be applied to unsecured creditors.
In re George, 440 B.R. 164 (December 2010) -- Judge Kelley
Debtor who moved from Illinois to Wisconsin within 730 days of her petition could claim federal exemptions even though Illinois has opted out of the federal exemptions.