The court concluded that property transferred from a revocable trust to the debtor's non-filing spouse constituted individual property of the non-filing spouse and not property of the debtor's bankruptcy estate.
In re Luz Myriam Osorio, Case No. 13-25522 (March 2017) -- Judge G.M. Halfenger
The debtor filed a motion for contempt and for sanctions against a creditor for violation of the discharge injunction. The court concluded (1) the Rooker-Feldman doctrine did not bar the court from exercising jurisdiction over the debtor's motion because the court retained original jurisdiction to enforce the discharge injunction; (2) an Illinois State Court's denial of the debtor's motion to vacate its orders based on the debtor's discharge did not preclude the bankruptcy court from reviewing the debtor's motion for contempt and for sanctions; and (3) the actions taken by the creditor did not violate the discharge injunction.
In re Lori C. Dohrmann, Case No. 14-27137 (March 2017) -- Judge G.M. Halfenger
The debtor filed a motion to reconsider the court's order dismissing her case because she did not file her chapter 13 plan in good faith but, rather, filed the plan and chapter 13 case in an attempt to re-litigate a state-court judgment with a creditor. The court denied the debtor's motion to reconsider because she did not clearly establish that there was newly discovered evidence or that the court committed a legal or factual error.
Capital Ventures, LLC v. Estate of Margolis, Adv. Proc. No. 16-2140 (March 2017) -- Judge G.M. Halfenger
A mortgage that debtor Capital Ventures, LLC executed to secure debt owed only by debtor Michael Gral was a valid and enforceable mortgage under Wisconsin law.
In re Angela Wright, Case No. 16-21463 (March 2017) -- Judge G.M. Halfenger
First National Bank, a mortgage creditor in the debtor's bankruptcy case, filed an application for the approval of attorney's fees and costs pursuant to Fed. R. Bankr. P. 2016. The application sought to recover fees that First National Bank had paid its own lawyers to litigate on its behalf, and associated costs. The court denied First National Bank's application as moot because First National Bank had filed a timely proof of claim and the court concluded that the fees allegedly due under the note and mortgage were properly a part of its amended proof of claim.
In re Tinita Holmes, Case No. 15-31329 (December 2016) -- Judge G.M. Halfenger
The chapter 13 trustee objected to plan confirmation because the debtor had not demonstrated that she devoted all of her projected disposable income to pay general unsecured creditors. See 11 U.S.C. §1325(b). Specifically, the trustee argued that the debtor failed to account for contributions to the debtor's household made by the debtor's mother when calculating the debtor's projected disposable income. The debtor, relying on 11 U.S.C. §101(10A), contended that because her mother's only income was social security, she did not have to account for her mother's contributions. The court sustained the trustee's objection.
In re Toczek, Case No. 13-33214 (November 2016) (November 2016) -- Judge G.M. Halfenger
The court held that objections to claims and related notices must be mailed or otherwise delivered to the person and at the address specified by the creditor in the proof of claim.
In re Sternat, Case No. 15-21681 (August 2016) -- Judge G.M. Halfenger
The debtor filed a motion under 11 U.S.C. section 522(f)(1)(A) to avoid a judicial lien on his residence held by his ex-wife. The debtor's ex-wife argued that the U.S. Supreme Court's holding in Farrey v. Sanderfoot prevented the debtor from avoiding her lien. The court concluded that the debtor's ex-wife's lien attached to the debtor's pre-existing interest in the residence, and, therefore, Farrey v. Sanderfoot did not apply. The court also concluded that the divorce court's judgment does not give rise to an avoidable equitable lien.
In re Brittany King, Case No. 16-24784 (July 2016) -- Judge G.M. Halfenger
The chapter 13 debtor filed a motion requesting that the court approve a loan for the purchase of a vehicle. The court held that the Bankruptcy Code delegates oversight of chapter 13 debtor consumer transactions to the chapter 13 trustee. The court denied the debtor's motion but took no view on whether the chapter 13 trustee should exercise her discretion to approve the debtor's proposed consumer credit transaction.
In re Gouthro, Case No. 12-35699 (June 2016) -- Judge G.M. Halfenger
The court overruled the debtors' meritless objection to the trustee's affidavit of default. The objection neither (1) disputed the veracity of the trustee's affidavit of default nor (2) argued that the debtors could establish excusable neglect to justify an expansion of the time to perform under Federal Rule of Bankruptcy Procedure 9006(b)(1). The order provides notice that similar meritless objections to affidavits of default risk sanctions under 11 U.S.C. section 105(a) and Federal Rule of Bankruptcy Procedure 9011(c).