Debtors' pre-bankruptcy planning included potentially avoidable transfers, and at least some of the exemptions were created with extrinsic signs of fraud. The Debtors' plan could not be confirmed due to failure of the best interest of creditors test, and, under the totality of the circumstances, the plan was not proposed in good faith.
In re Habiballa, 337 B.R. 911 (February 2006) -- Chief Judge S.V. Kelley
Claim Objections must be supported by evidence, even when claims lack supporting documentation and detail.
In re FV Steel & Wire, 331 B.R. 385, rev'd in part, aff'd in part, remanded by 350 B.R. 835 (September 2005) -- Chief Judge S.V. Kelley
Treatment of CERCLA contribution claims.
In re Czerneski, 330 B.R. 240 (September 2005) -- Chief Judge S.V. Kelley
A debtor husband could not claim the hardship exemption available to divorcing parties under Wis. Stat. § 767.255 and his payment of real estate taxes with marital funds was insufficient under Wis. Stat. § 766.63(1) to establish a marital interest in his wife's land and a federal wildcard exemption under Bankruptcy Code § 521(d)(5).
In re Murray, 330 B.R. 732 (September 2005) -- Chief Judge S.V. Kelley
Flat fee of $2,000 for chapter 7 debtor's attorney in routine case was reduced on objection of US Trustee. The fee was set to cover discharge and exemption litigation that never materialized.
In re Tirado, 329 B.R. 244 (August 2005) -- Chief Judge S.V. Kelley
Chapter 13 debtor's real estate broker was not required to comply with sections 327 and 330, and could be given an administrative claim under section 503(b).
In re Asherman, No. 04-33391-svk (unpublished) (May 2005) -- Chief Judge S.V. Kelley
Debtor's employer held in contempt for failure to comply with payroll order.
In re Nejedlo, 324 B.R. 697 (April 2005) -- Chief Judge S.V. Kelley
Evidence is needed to support Objections to Claims, even in the absence of response or appearance by Claimant. Agent is liable for corporate debt, where corporation's existence is not disclosed to Claimant.
In re Grabow, 323 B.R. 236 (April 2005) -- Chief Judge S.V. Kelley
Chapter 13 plan that treated real estate tax claim as priority claim, not secured claim, could not be confirmed.
In re Jarosz, 322 B.R. 662 (March 2005) -- Chief Judge S.V. Kelley
In default context, invalid mortgage is an avoidable preferential transfer.