Opinions

Judge		Keywords

In re John & Jennifer Engebregtsen, Case No. 05-27818 Published: In re Engebregtsen, 337 B.R. 677 (October 2005) -- Judge McGarity

Chapter 13 debtors objected to the proof of claim filed by a creditor, based on the retail value of the vehicle securing it when the petition was filed. The court sustained the objection in part. For purposes of determining the creditor's secured claim, the value of the vehicle damaged in a postpetition accident was established at liquidation value as of the petition date.

In re Art Unlimited, Case No. 02-23992, Neil McKloskey, Trustee v. Galva Foundry Co, Inc., Walter Nocito, & Wells Fargo Bank Wisconsin, Adv. No. 04-2098 (October 2005) -- Judge McGarity

In preference adversary filed under sec. 547 and sec. 548, defendant transferee's motion for summary judgment was granted, in part, and denied, in part.

In re Gertrude Walker, Case No. 04-23123 (October 2005) -- Judge McGarity

Chapter 13 Trustee's objection to priority claim filed by debtor on behalf of city for unpaid municipal services was sustained.

In re Dana Voelske, Case No. 03-28533, Glenn Givens, Jr., Trustee v. Franlkin Mortgage Funding Corp., Adv. No. 05-2327 (September 2005) -- Judge McGarity

Debtor refinanced mortgage with defendant and subsequently filed for relief six days later. Defendant perfected mortgage twelve days after petition date. As mortgage was not perfected with the time allowed under sec. 547(e)(2)(A), the recording violated the automatic stay. Acts done in violation of the stay are void; therefore, the mortgage was unperfected at the time of filing.

In re Paul F. Dinkins, Case No. 04, 28251, Romes Design, Inc. v. Paul F. Dinkins, Adv. No. 04-2229 and Central Consulting Engineers, Ltd. v. Paul F. Dinkins, Adv. No. 04-2230 Published: In re Dinkins, 327 B.R. 918 (June 2005) -- Judge McGarity

Because plaintiff architects were not beneficiaries under state theft by contractor statute, the debtor's obligations to them were dischargeable.

In re Mark & Marlene Brewer, Case No. 03-33181, Debtors v. QC Financial Services, Inc., Adv. No. 03-2532 (April 2005) -- Judge McGarity

In same case, the court previously determined presentation of post-dated check by the payee after payor filed bankruptcy, and resulting receipt of proceeds, was excepted from the automatic stay (see below). In this decision, the court found the retention of the proceeds after demand by the debtors was a violation of the stay. Because the creditor's conduct was egregious and intentional, the debtors were entitled to punitive damages.

In re Daniel P. & Miranda J. Huitema, Case No. 03-33310 (March 2005) -- Judge McGarity

Chapter 7 debtors could recover from lienholder postpetition payments made on truck loan prior to avoidance of security interest by trustee.

In re Casey R. Wilbur, Case No. 03-37383 (March 2005) -- Judge McGarity

Because debtor’s future interest in spendthrift trust was not property of the estate, the chapter 7 trustee’s motion for turnover was denied.

In re Chad M. Koenigs, Case No. 04-23111, Paul G. Swanson, Trustee v. Chase Manhattan Mortgage Corporation, Adv. No. 04-2263 (March 2005) -- Judge McGarity

Chapter 7 trustee was granted relief from order of abandonment. Personal property annexed to land was improvement subject to mortgage, precluding avoidance of the creditor’s security interest.

In re Paul & Veronique Madel, Case No. 03-32367, Debtors v. GMAC Mortgage Corporation, et al., Adv. No. 04-2060 (November 2004) -- Judge McGarity

Plaintiffs’ causes of action under the Truth in Lending Act (TILA) survived defendants’ motions to dismiss.

the United States Bankruptcy Court

Eastern District of Wisconsin