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In re Anthony & Jennifer Rodriguez, Case No. 05-34551, Michael F. Dubis, Trustee v. Homecomings Financial Network, et al., Adv. No. 06-2028 (August 2006) -- Judge McGarity

Trustee filed complaint to avoid mortgage as preferential transfer under s. 547(b).  Trustee entitled to judgment; avoided mortgage was preserved for benefit of estate.  Trustee was not entitled to recover the amount of payments received by defendant postpetition.


In re Boden & Lundi Perry, Case No. 05-24027 (August 2006) -- Judge McGarity

Debtor was allowed to exempt his interest in Simplified Money Purchase Keogh Plan under Wis. Stat. s. 815.18(3)(j).


In re Rick E. Larson, Case No. 04-34605, Larry Liebzeit, Trustee v. Universal Mortgage Corporation v. Debtor, Adversary No. 05-2030 Published: In re Larson, 346 B.R. 486 (June 2006) -- Judge McGarity

Chapter 7 trustee brought an adversary proceeding to avoid lender's mortgage lien.  The court granted the lender's motion for summary judgment.  The prepetition mortgage was invalid due to the failure of the debtor's spouse to sign the mortgage.  Nevertheless, the secured creditor was equitably subrogated to the earlier mortgage, and the trustee as a hypothetical bona fide purchaser did not defeat its rights under that mortgage.


In re Bernard & Mary Guelig, Case No. 05-33634 (June 2006) -- Judge McGarity

Due to court's findings of fact regarding value of debtors' real estate and amount due under land contract, debtors' objection to trustee's intent to sell property was overruled.


In re David & Christine LeFeber, Case No. 05-28540 (May 2006) -- Judge McGarity

Debtors plan, which proposed to contribute such portion of $15,000 proceeds of sale of real estate as necessary to complete the plan, failed to meet the requirements of 11 U.S.C. s. 1325(b)(1)(B).


In re Jeffrey & Penny Munsch, Case No. 05-23178, Neil McKloskey, Trustee v. Guaranty Bank, Adversary No. 05-2437 (May 2006) -- Judge McGarity

Defendant bank was granted summary judgment on fraudulent transfer cause of action; defense of accord and satisfaction was inapplicable because the amount the debtors owed the bank at the time of the prepetition transfer was not in dispute.


In re Russell & Donna Nelson, Case No. 05-40908 (March 2006) -- Judge McGarity

Debtors' claim of exemption of land contract payments as business property was disallowed.  Debtors were allowed an exemption in 75% of the interest, but not principal due and owing under land contract as of the petition date; instead limited to interest due for one week and to extent reasonably necessary for support of debtors.  Any claimed amount in excess was disallowed.


In re Michael R. Luedtke, Case No. 05-45087 Published: In re Luedtke, 337 B.R. 918 (December 2005) -- Judge McGarity

Chapter 7 debtor, an inmate at correctional facility that had filed his petition pro se, sought a determination that the petition was "filed" prior to the effective date of BAPCPA, so that he did not have to comply with the credit counseling requirement. The court found the "prison mailbox rule" applied to the filing of a bankruptcy petition; thus, the pro se prisoner's petition was deemed "filed" on that date he delivered the petition and related documents to prison authorities for forwarding to the bankruptcy clerk.


In re Ronald & Deanne Schabel, Case No. 04-35733, Neil McKloskey, Trustee v. Henry & Diane Schabel, Adv. No. 05-2270 Published: In re Schabel, 338 B.R. 376 (December 2005) -- Judge McGarity

Chapter 7 trustee brought an adversary proceeding to avoid, on a preference theory, loan payments that the debtors had made to their parents during the one-year preference period.  The court granted summary judgment to the parents because the prepetition transfers met the requirements for the new value defense.


In re Dennis Gerard Etzel, Case No. 05-24211, American Standard Ins. Co. v. Debtor, Adv. No. 05-2337 (December 2005) -- Judge McGarity

Judgment for restitution was nondischargeable obligation pursuant to 11 U.S.C. s. 523(a)(7).


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