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In re Clark & Sara Meyer, Case No. 11-24099 (March 2012) -- Judge McGarity

US Trustee moved to dismiss chapter 7 debtors' case pursuant to section 707(b), arguing the debtors' expenses, including tuition for parochial school, were excessive. Debtors countered that section 707(b)(2)(A)(ii)(IV), which limits deductions for education expenses on the means test, was unconstitutional because it suppressed their right to practice religion.  The court found section 707(b)(2)(A)(ii)(IV) was not unconstitutional and granted the motion to dismiss.


In re Wolverine Fire Apparatus Co., Case No. 09-32985, Larry Liebzeit, Trustee v. FVTS Acquisition Co., Inc., Adv. No. 11-2080 (January 2012) -- Judge McGarity

Chapter 7 Trustee was granted summary judgment against seller of truck due to transaction with debtor being construed as a "consignment for security" and subject to avoidance by the trustee.


In re Darrell Edwards, Case No. 11-23195, Debtor v. Deutsche Bank National Trust Co., Adv. No. 11-2505 (December 2011) -- Judge McGarity

Secured creditor's motion to dismiss complaint for failure to state a claim was granted.  Bank had standing to enforce the Note and Mortgage.


In re Michelle Georgi, Case No. 11-21642, Richard Hebel v. Debtor, Adv. No. 11-2375 (November 2011) -- Judge McGarity

Chapter 7 debtor's motion to dismiss denied. Complaint of debtor's former spouse for finding of nondischargeability under sec. 523(a)(5) and/or 523(a)(15) stated claim upon which relief could be granted, despite lack of "hold harmless" agreement in parties' marital settlement agreement.


In re Richard VanDynHoven, Case No. 10-28421, The Bank of Kaukauna v. Debtor, Adv. No. 10-2474 (November 2011) -- Judge McGarity

Bank's claim arising for IRS and Dept. of Revenue overdrafts was nondischargeable under sec. 523(a)(14) and (a)(14A) because the overdrafts were debts incurred to satisfy tax obligations that would have been nondischargeable if they had not been honored.


In re Patricia A. McClellan, Case No. 05-44803, William T. Neary, UST v. Debtor, Adv. No. 07-2141 (October 2011) -- Judge McGarity

United States Trustee's motion pursuant to Fed. R. Civ. P. 60(a) for correction of error in order denying debtor's discharge was granted.  The order improperly denying the discharge under sec. 727(a)(8), instead of section 727(a)(2), was a clerical error, not a legal error.


In re Ronald & Sandra Anderson, Case No. 11-22650 (September 2011) -- Judge McGarity

Chapter 13 debtors with no personal liability on accelerated loan on principal residence were not allowed to strip the mortgage down to the value of the real estate.


In re David & Laurie Mathe, Case No. 10-38356, Craig & Jeanne Bell v. Debtors, Adv. No. 11-2190 (September 2011) -- Judge McGarity

Summary judgment pursuant to doctrine of issue preclusion was not warranted because state court findings did not meet nondischargeability standards set forth in sections 523(a)(2)(A) and (a)(4).


In re Martin & Katherine Murray, Case No. 10-31824, M&I Marshall & Ilsley Bank v. Martin Murray v. M&S Automotive, LLC, and Shaun Buckett, Adv. No. 10-2482 (September 2011) -- Judge McGarity

Court abstained from hearing third party complaint for indemnification after plaintiff and defendant stipulated for dismissal of first party cause of action.


In re Jeff Carlson, Case No. 10-38400, Baytherm Insulation, Inc. v. Debtor, Adv. No. 10-2702 (August 2011) -- Judge McGarity

Underlying theft by contractor judgment was nondischargeable under sec. 523(a)(4).


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