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.
In re Kearney, 439 B.R. 694 (December 2010) -- Judge Kelley
Post-confirmation plan modification is subject to the good faith test of § 1325, and debtor whose income increased and expenses appeared to have been manipulated to justify lower plan payments did not satisfy good faith requirement.
In re May, 2010 Bankr. LEXIS 4046 (November 2010) -- Judge Kelley
After Hamilton v. Lanning, in computing projected disposable income on Form B22C, Chapter 13 debtor may not deduct mortgage payment on undersecured mortgage that has been stripped because it is virtually certain that debtor will not be making the mortgage payment after confirmation.