Search OpinionsTotal: 108
In re Grunert, 353 B.R. 591 (November 2006) -- Judge Kelley
Above-median debtors could take Local Standard expense deduction for vehicle ownership/lease expense, even though they owned their vehicle free and clear of liens.
In re Turkowitch, 355 B.R. 120 (November 2006) -- Judge Kelley
Surrender of collateral in complete satisfaction of 910-car creditor's claim is permitted by hanging paragraph of § 1325(a).
In re FV Steel & Wire, 349 B.R. 181 (September 2006) -- Judge Kelley
Judicial estoppel does not apply to block claim of debtor who had inadvertently neglected to schedule claim and who cured the omission as soon as she learned of it. Also, Trustee had succeeded to claim and was not judicially estopped by debtor's omission.
In re Guzman, 345 B.R. 640 (July 2006) -- Judge Kelley
Under BAPCPA § 1325(b)(3), reasonably necessary expenses to be deducted to determine disposable income of above-median debtors are based on Form B22C, not Schedule J.
Am. Family Mut. Ins. Co. v. Addison (In re Addison), 05-2583 (unpublished). (July 2006) -- Judge Kelley
Debtor borrowed vehicle without permission and damaged the vehicle. Resulting debt to insurance company was dischargeable under § 523(a)(6).
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In re Estrada, No. 03-33013-svk (unpublished) (June 2006) -- Judge Kelley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.