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.)
In pre-BAPCPA case, chapter 13 debtor was not allowed to modify plan to limited payments of one half of tax refunds to only the first three years of the newly-extended plan.
Chapter 13 debtor was not allowed to take a deduction on Means Test for "future payments on secured claims" for surrendered residence.
Chapter 13 debtors were allowed to take a vehicle ownership expense deduction for a vehicle they owned free and clear.
Chapter 11 debtor, the holder of patent for a non-dichroic signal mirror, brought an adversary proceeding against a competitor that had filed a proof of claim against the estate for the competitor's alleged infringement of its patent, alleged breach of alliance agreement between the parties, and tortious interference with its contractual relations, and the competitor counterclaimed against the debtor. The court held the debtors' patent was invalid and the competitor's product did not infringe that patent. The competitor did, however, breach the parties' alliance agreement, causing the debtor to suffer damages.
Creditor with a security interest in chapter 13 debtors' motor vehicle moved for relief from stay after the vehicle was destroyed in an automobile accident postpetition and postconfirmation, in order to permit it to apply insurance proceeds paid by a third-party tortfeasor's insurer to its remaining secured and unsecured claims. The debtors and trustee objected, and disputed that the creditor had an interest in the insurance proceeds to the full extent of its remaining claims. The court granted the creditor's motion in part and denied it in part. The creditor's recovery of insurance proceeds paid by third party's insurance carrier after debtors' collateral was destroyed was limited to its allowed secured claim.
Creditor brought an adversary proceeding to deny the chapter 7 debtors a discharge based on the debtor-wife's alleged fraudulent prepetition transfer of assets. The court dismissed the complaint, finding the debtors' prepetition transfer of personal property into wholly-owned corporation did not evidence wrongful intent required for a denial of discharge under sec. 727(a)(2).
Chapter 13 debtors sought to modify their confirmed plan, after experiencing significant medical expenses and a reduction in the debtor-husband's pay. The court sustained the trustee's objection to the modification, in part. The chapter 13 debtors were not allowed to retroactively modify their confirmed plan to retain one-half of their tax refunds previously committed to their creditors. Because the tax refunds were necessary for the maintenance and support of the debtors, they were allowed to prospectively retain their entire tax refunds.
Chapter 13 trustee was compelled to remit plan payments to the creditor holding a secured claim in the debtors' vehicle pending resolution of the motion for relief from the automatic stay.