Below-median income chapter 13 debtor's plan, which proposed to limit contribution of one half of debtor's tax refunds to the first three years of the plan and use the funds to shorten the length of the plan, was not proposed in good faith.
The state brought an adversary proceeding against the debtor, seeking a determination that an obligation for child care overpayments was nondischargeable. The court granted summary judgment to the state, finding Wisconsin Works (W2) Child Care Subsidy overpayments to chapter 7 debtor were domestic support obligations within the meaning of sec. 101(14A) and thus nondischargeable pursuant to sec. 523(a)(5).
Chapter 13 debtors' attorney was "unsecured creditor" entitled to share in the unsecured creditors' pool of monthly disposable income under sec. 1325(b)(1)(B).
Chapter 13 debtor could not deduct student loan payment as an additional expense claim on Line 59 of Form 22C due to "special circumstances."
Chapter 7 debtor owed plaintiff insurance company a subrogation claim resulting from damages to vehicle driven by debtor without permission of owner. Because previous state court action did not litigate the issue of intent, the plaintiff's motion for summary judgment in sec. 523(a)(6) proceeding was denied.
In adversary proceeding involving the conflicting legal rights of two creditors in the business assets of the debtor, summary judgment was granted, in part, and denied, in part. Although bank had knowledge of debtor's previous pledge of assets to creditor, bank perfected its security interest first, making its lien superior. The creditor's request, in the alternative, for marshaling of assets could not be granted, as a matter of law, at the summary judgment stage.
Chapter 13 debtor objection to proof of claim filed by mortgage lender, on ground that deficiency had been rolled into total amount owed, as set forth in previous reaffirmation agreement. The court sustained the objection and concluded the reaffirmation agreement changed the terms of mortgage note as it pertained to the calculation and collectability of arrearages incurred prior to when the reaffirmation agreement was entered into.
U.S. Trustee's motion to dismiss pursuant to sec. 707(b) was granted. Chapter 7 debtors were not entitled to additional transportation expense on Line 22 of Form 22A for each of their vehicles after the loan was paid off.
Chapter 7 trustee objected to exemption claimed by debtors in cash surrender values of their life insurance policies. The court sustained the objection, finding debtors' exemption of the value of contracts of life insurance policies were limited by sec. 815.18(3)(f)3.b, Wis. Stat., with respect to funding any increase in such value that took place within 24 months of filing.
County's actions in attempting to collect, post-discharge, interest on property taxes which was not paid through the chapter 13 plan was not a violation of the discharge injunction. (This decision is a court minute decision, only.)
