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In re Federico Teran, Case No. 09-37858 (April 2010) -- Judge McGarity

Secured creditor opposed confirmation of chapter 13 plan which required creditor to notify debtor annually of accrued postpetition fees, expenses or charges.  The court overruled the objection, finding the annual notice requirement was not onerous.


In re CAM Recycling & Materials, Inc., Case No. 09-25303 (April 2010) -- Judge McGarity

Minority owner and major creditor of chapter 7 corporate debtor objected to the proofs of claim of the debtor's majority owner and former employee. The court sustained the objections and found the claimants were not entitled to compensation under the doctrine of quantum meruit.


In re Mary Nunez, Case No 09-32442 (March 2010) -- Judge McGarity

Chapter 13 trustee opposed confirmation of plan because it limited contribution of one half of the debtor's tax refund to shorten the length of the plan rather than to pay unsecured creditors.  The court sustained the objection, finding if a below-median income debtor elects to propose a longer term than three years and the court for cause approves such longer term, the requirements for payment of disposable income (which includes tax refunds), in years four and five of the plan remain the same as those in the first three years of the plan.


In re Wolverine_Fire Apparatus Co. of Sherwood Michigan, Case No. 09-32985 (February 2010) -- Judge McGarity

In a "double debtor" scenario, secured creditor's perfected security interest in collateral in possession of debtor lapsed one year after collateral was transferred from secured creditor manufacturer to debtor.  Because the manufacturer had filed its financing statement in an incorrect location, its security interest was unperfected, as well. Consequently, first and second secured creditors' interests were subordinate to third secured creditor with perfected security interest in debtor's collateral.  (This decision is a court minute decision, only.)


In re DuWayne & Faith Kirchoff, Case No. 09-21188, USA v. Debtors, Adv. No. 09-2159 (February 2010) -- Judge McGarity

Plaintiff filed a motion for summary judgment seeking a determination that obligations owed it were excepted from the debtors’ discharge, as well as a denial of the debtors’ discharge.  The debtors had allegedly converted the plaintiff’s collateral by failing to account for missing livestock and feed.  The court granted the motion, in part, finding the debtor husband’s judgment of nondischargeability in a prior bankruptcy case was nondischargeable in the current case.  The court denied the motion, in part, finding issues of material fact, namely the debtors’ subjective intent, precluded the entry of summary judgment on the other counts.


In re David M. Larsen, Case No. 09-22963, Teri Jendusa-Nicolai, et al. v. Debtor, Adv. No. 09-2231 Published: In re Larsen, 422 B.R. 913 (January 2010) -- Judge McGarity

Issue preclusion barred relitigation of state court judgments against chapter 7 debtor for assault and battery, as well as derivative claims for loss of society and companionship, making the judgments nondischargeable under sec. 523(a)(6).


In re Mazen N. Khoury, Case No. 09-31074 (November 2009) -- Judge McGarity

Chapter 13 debtor who voluntarily dismissed previous bankruptcy case in which secured creditors had moved for relief from the automatic stay was not eligible to be a debtor under sec. 109(g)(2). (This decision is a court minute decision, only.)


In re David Michael Larsen, Case No. 09-22963 (November 2009) -- Judge McGarity

Court abstained from exercising jurisdiction over funds related to state court receivership.


In re Daniel A. Fink, Case No. 09-23299 Published: In re Fink, 417 B.R. 786 (October 2009) -- Judge McGarity

Chapter 7 trustee objected to the debtor's claim of exemption in a lien on his former marital home, executed by his former spouse, in partial settlement of their divorce proceedings eight years prior to the bankruptcy filing.  The court sustained the objection, finding the debtor lost his right to claim either a federal or state homestead exemption.


In re Brian & Patsy Morey, Case No. 09-26318 Published: In re Morey, 414 B.R. 473 (September 2009) -- Judge McGarity

Secured creditor filed an objection to confirmation of the chapter 13 debtors' plan, arguing the financing of the negative equity on the debtors' used trade-in vehicle was included in the financing of their new vehicle purchase, resulting in its claim being protected from cram down under sec. 1325(a).  The debtors argued the negative equity resulting from the trade-in of their old vehicle was not part of the purchase money security interest, and was thus not subject to the 910-day rule imposed by the hanging paragraph in sec. 1325(a).  The court sustained the creditor's objection, concluding the entire amount of the debt securing the new vehicle met the definition of purchase money security interest.


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