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In re Christine C. Bermann, Case No. 08-28387 Published: In re Bermann, 399 B.R. 213 (January 2009) -- Judge McGarity

The chapter 13 trustee opposed confirmation of the debtor's plan because she included non-escrow homeowners' insurance and real estate taxes on Line 47 of Form 22C.  The court overruled the trustee's objection as it related to the deduction for insurance and property taxes because, even though those expenses were not paid into an escrow account, such payments were required by the contract that created the security interest.


In re Charles & Mary Kay Becker, Case No. 07-26001 Published: In re Becker, 400 B.R. 221 (Bankr. E.D. Wis. 2009), rev'd in part, 09-C-170 (W.D. Wis. 2009) (January 2009) -- Judge McGarity

Creditor opposed the chapter 11 debtors' proposed disclosure statement on the grounds that it did not adequately describe the cross-collateralization of the debtors' obligations to it. The court determined the debtors' original mortgage on their homestead did not secure the subsequent business notes.


In re David Michael Larsen, Case No. 08-33993 Published: In re Larsen, 399 B.R. 634 (January 2009) -- Judge McGarity

Debtor who was currently incarcerated in a prison that was experiencing difficulties with its telephone service moved for at least a temporary waiver of the prepetition credit counseling requirement. Prisoner's motion for exemption from credit counseling was denied by the court because no "exigent circumstances" existed, of a kind entitling the debtor to a temporary waiver of the requirement.  Furthermore, the debtor's incarceration did not rise to the level of "disability," of a kind warranting a permanent waiver of the credit counseling requirement.


In re Willie Mae Carson, Case No. 04-26733 Published: In re Carson, 397 B.R. 911 (December 2008) -- Judge McGarity

Trustee's objection to debtor's motion for modification of confirmed chapter 13 plan was sustained. Although debtor failed to remit one-half of tax refunds as required by confirmed plan, she proposed to cease payments to unsecured creditors, arguing they had already received the dividend provided for in the confirmed plan. The court concluded the debtor's attempt to receive a discharge after defaulting on the plan and violating the terms of the confirmation order was impermissible.


In re Vission, Inc., Case No. 07-21957, Paul G. Swanson, Trustee v. Trasino Park-Hudsons, LLC, et al., Adv. No. 07-2111 Published: In re Vission, Inc., 400 B.R. 215 (December 2008) -- Judge McGarity

Lender's security interest, perfected within 90 days of the debtor's petition date, was avoided under s. 547 of the Code. The lender's defenses of equity and equitable subrogation were rejected by the court.


In re Mary & Vernell Patton, et al., Case Nos. 08-23038, 08-24709, 07-28262 (November 2008) -- Judge McGarity

Secured creditors' objections to chapter 13 plans were sustained, in part, and overruled, in part. The plan provision providing for separate treatment of prepetition arrearage(s) as contractually current was allowed, as interpreted by the court. The plan provision providing the mortgage(s) was current upon discharge was not allowed.


In re Kelly Ann Wood, Case No. 08-21191 (October 2008) -- Judge McGarity

Creditor filed a motion to have its adversary complaint objecting to the dischargeability of an obligation, which was filed before the deadline to file proofs of claim in the debtor's chapter 13 case,  construed as an informal proof of claim.  The court denied the motion.  Although the complaint evidenced the creditor's intent to hold the debtor liable for the obligation, it did not express an intent to hold the chapter 13 estate liable.


In re Daniel & Eleanor Hilton, Case No. 08-25440 Published: In re Hilton, 395 B.R. 433 (October 2008) -- Judge McGarity

Chapter 13 debtors who experienced a reduction in income immediately preceding the filing of their bankruptcy petition proposed to pay unsecured creditors less than the distribution required under the means test.  The trustee opposed confirmation of the plan.  The court determined that the term "projected disposable income" should not always be based solely on a historical perspective of income from Form B22C alone, but rather other evidence could be considered when a debtor experiences a significant change in circumstances reducing income at or around the time of the bankruptcy filing.


In re James & Judith Michalek, Case No. 06-23355 Published: In re Michalek, 393 B.R. 642 (September 2008) -- Judge McGarity

After the chapter 13 debtors defaulted under the terms of their prepetition lease and the automatic stay was lifted, the vehicle was repossessed by the creditor and sold. The creditor asserted an administrative claim for the amounts remaining due under the lease. The court granted the creditor’s motion, finding the obligation was beneficial to the estate.


In re Sonya D. Simpson, Case No. 08-21251 (July 2008) -- Judge McGarity

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.


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