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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.


In re David Michael Larsen, Case No. 09-22963 Published: In re Larsen, 406 B.R. 821 (June 2009) -- Judge McGarity

Chapter 7 pro se debtor moved for the appointment of counsel pursuant to 28 U.S.C. sec. 1915(e)(1). The court denied the motion, finding no exceptional circumstances justified the appointment of pro bono counsel.


In re Timothy & LeAnn Truss, Case No. 08-21626 Published: In re Truss, 404 B.R. 329 (April 2009) -- Judge McGarity

The chapter 13 trustee opposed confirmation of plan which treated student loan creditor as separately classified creditor, arguing it unfairly discriminated against the other unsecured creditors. The court overruled the trustee's objection, finding the specific provisions of sec. 1322(b)(5) for the cure of arrearages and maintenance of regular payments on long term indebtedness applied and superceded the general unfair discrimination provisions of sec. 1322(b)(1).


In re Robert & Sandra Ecker, Case No. 07-29439, Fischer Construction, et al. v. Robert Ecker, Adv. No. 08-2059 Published: In re Ecker, 400 B.R. 669 (January 2009) -- Judge McGarity

The plaintiffs in theft by contractor cause of action were entitled to judgment of nondischargeability under sec. 523(a)(4).  The court found the services performed for the debtor's construction company fell within the provisions of both the old and new versions of Wis. Stat. sec. 779.02(5).


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