Search Opinions
Judge Keywords
Total: 363

In re Cline, No. 06-25495-svk (March 2007) -- Judge Kelley
In Chapter 7 Cases, the U.S. Trustee must file his statement of presumed abuse under § 704(b) within 10 days of the first date set for the meeting of creditors rather than the conclusion of the meeting of creditors. Although Bankruptcy Rule 9006 does not permit extension of this deadline, the Court may use its power under § 105(a) to extend the deadline if it appears that the debtor is attempting to abuse the bankruptcy process.

In re Snezana & Boban Ljubic, Case No. 03-32636, Virginia E. George, Trustee v. Guaranty Mortgage Co., Adv. No. 04-2213 Published: In re Ljubic, 362 B.R. 914 (February 2007) -- Judge McGarity

Chapter 7 trustee brought an adversary proceeding to avoid a mortgage lien.  The court denied the trustee's motion for summary judgment; because no bona fide purchaser could have acquired a lien superior to the secured creditor, the perfection of the mortgage was not a preferential transfer.


In re Richard S. Radbil, Case No. 04-25643, Virginia E. George, Trustee v. Argent Mortgage Co., et al., Adv. No. 05-2311 Published: In re Radbil, 364 B.R. 355 (February 2007) -- Judge McGarity

Chapter 7 trustee filed an adversary proceeding to avoid a mortgage lien.  The court denied the trustee's motion for partial summary judgment; issue of fact remained regarding whether or not perfection of secured interest was substantially contemporaneous with execution of mortgage.


In Re Sawdy 06-25130 (February 2007) -- Judge Pepper

Chapter 13 debtors are entitled to deduct the IRS Local Standard expense for vehicle ownership from their Form B22C even if they own their vehicles outright and do not actually make note or lease payments each month.


In re Gilbertson, 340 B.R. 618, vacated by 2007 WL 433096. (February 2007) -- Judge Kelley
Compensation for professionals retained under § 328 cannot be reviewed for reasonableness.

In Re Scofield, 07-22127 (January 2007) -- Judge Pepper

Debtors who convert from a case under Chapter 13 to a case under Chapter 7 are required to file a Form B22A upon conversion.


In re Matthew J. Blair, Case No. 05-41949, Dustin Elbing v. Debtor, Adv. No. 06-2135 Published: In re Blair, 359 B.R. 233 (January 2007) -- Judge McGarity

Player who was injured during prepetition hockey game when he was punched by the chapter 7 debtor in head, face, and nose brought an adversary proceeding for a determination that potential obligations owed him by the debtor were excepted from the discharge.  The court granted the player's motion for summary judgment.  The debtor's no contest plea to charges of misdemeanor battery and disorderly conduct did not have an issue preclusive effect under Wisconsin law. Nevertheless, the state court's findings in a separate personal injury action about the intentional nature of the debtor's conduct, along with the debtor's statements to his insurer established the willful and malicious nature of the debtor's actions.


In re Darrin J. Schultz, Case No. 06-24781 Published: In re Schultz, 363 B.R. 902 (January 2007) -- Judge McGarity

Chapter 13 trustee filed an objection to confirmation of the debtor's plan, arguing it did not comply with the equal payment requirement of sec. 1325(a)(5)((B)(iii)(I).  The plan provided for monthy payments at the rate due under the mortgage with a balloon payment at the end of the 60-month term.  The court overruled the objection because the secured creditor accepted the  plan.


In re Douglas C. Wilke, Case No. 06-26904 (January 2007) -- Judge McGarity

Because hearing was not held within 30 days of petition date, automatic stay was not extended in debtor's second bankruptcy case. (This decision is a court minute decision, only.)


In re Nockerts, 357 B.R. 497 (December 2006) -- Judge Kelley
"Scheduled as contractually due" for purposes of § 707(b)(2)(A)(iii) means due under the contract between the debtor and secured creditor. The determination is to be made as of the date of the Chapter 7 petition, for purposes of the "presumption of abuse" in § 707(b)(2)(A)(i), and debtor's intent not to reaffirm is not relevant, as long as debtor is contractually obligated to make the payments on the date of the petition. For purposes of § 707(b)(3), more than the ability to pay some of the debt in a chapter 13 plan is needed to show an abuse under the "totality of the circumstances" test.

17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 21 of 37