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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.


In re Stephanie Schauer, Case No. 07-26758, State of Wisconsin v. Debtor, Adv. No. 07-2317 Published: In re Schauer, 391 B.R. 430 (June 2008) -- Judge McGarity

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).


In re Robert & Gladys Nething, Case No. 07-27145 (May 2008) -- Judge McGarity

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).


In re Jason Zahringer, Case No. 07-30217 (May 2008) -- Judge McGarity

Chapter 13 debtor could not deduct student loan payment as an additional expense claim on Line 59 of Form 22C due to "special circumstances."


In re Brian Whitelaw, Case No. 07-27846, American Standard Ins. Co. v. Debtor, Adv. No. 07-2282 (May 2008) -- Judge McGarity

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 re Vission, Inc., Case No. 07-21957, Trustee v. Trasino Park-Hudsons, LLC, et al., Adv. No. 07-2111 (May 2008) -- Judge McGarity

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.


In re Tyrone & Tammy Eiler, Case No. 07-26168 Published: In re Eiler, 390 B.R. 920 (May 2008) -- Judge McGarity

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.


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