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.)
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.
Creditor’s motion to dismiss case because of debtor’s failure to provide creditor with a copy of her most recent federal income tax return was denied. The court concluded that the creditor had the ability to obtain the requested tax return by other means, including use of§ 521(g)(2), and that dismissal of case would be unduly harsh.