Search OpinionsTotal: 103
In re Kirchen, 344 B.R. 908 (July 2006) -- Judge Kelley
Inherited IRA is not exempt as a retirement benefit under Wis. Stat. § 815.18(3)(j).
In re Estrada, No. 03-33013-svk (unpublished) (June 2006) -- Judge Kelley
In a pre-BAPCPA case, after secured vehicle was totally destroyed in an accident, secured creditor's recovery of insurance proceeds was limited to the amount of the allowed secured claim (net of payments received under the plan) as determined by Debtor's confirmed chapter 13 plan. Plan provided that property did not revest in debtor at confirmation; accordingly excess proceeds had to be paid to the Trustee.
In re Racette, 343 B.R. 200 (May 2006) -- Judge Kelley
Debtors' request to strike petition that was filed without Section 109(h) credit briefing certificate was denied. Instead, case was dismissed, and counted as a case for purposes of Section 362(c)(3).
In re Xiong, No 05-43121-svk (May 2006) -- Judge Kelley
Property that debtor owned with non-filing spouse when they moved to Wisconsin was not marital property, and non-filing spouse's interest was not property of the estate. As to property that did constitute marital property, debtor was entitled to exempt the full amount of the equity (up to the value of the federal exemptions) not just one-half.
In re Przybylski, 340 B.R. 624 (April 2006) -- Judge Kelley
Debtors' pre-bankruptcy planning included potentially avoidable transfers, and at least some of the exemptions were created with extrinsic signs of fraud. The Debtors' plan could not be confirmed due to failure of the best interest of creditors test, and, under the totality of the circumstances, the plan was not proposed in good faith.
In re Habiballa, 337 B.R. 911 (February 2006) -- Judge Kelley
Claim Objections must be supported by evidence, even when claims lack supporting documentation and detail.
In re FV Steel & Wire, 331 B.R. 385, rev'd in part, aff'd in part, remanded by 350 B.R. 835. (September 2005) -- Judge Kelley
Treatment of CERCLA contribution claims.
In re Czerneski, 330 B.R. 240 (September 2005) -- Judge Kelley
A debtor husband could not claim the hardship exemption available to divorcing parties under Wis. Stat. § 767.255 and his payment of real estate taxes with marital funds was insufficient under Wis. Stat. § 766.63(1) to establish a marital interest in his wife's land and a federal wildcard exemption under Bankruptcy Code § 521(d)(5).
In re Murray, 330 B.R. 732 (September 2005) -- Judge Kelley
Flat fee of $2,000 for chapter 7 debtor's attorney in routine case was reduced on objection of US Trustee. The fee was set to cover discharge and exemption litigation that never materialized.
In re Tirado, 329 B.R. 244 (August 2005) -- Judge Kelley
Chapter 13 debtor's real estate broker was not required to comply with sections 327 and 330, and could be given an administrative claim under section 503(b).