OpinionsOn post-confirmation dismissal of a Chapter 13 case, funds the trustee is holding are disbursed to the debtor, not the creditors. In re Schmidt, Case No. 08-25973 (July 2017) -- Judge B.E. Hanan The court granted the motion of the debtor's personal representative to reopen the case, file a certificate of financial management, and obtain a discharge, despite the passage of several years, outlining the factors courts consider in determining whether to grant such a motion. In re Brian and Virginia Kropp, Case No. 16-29342 (June 2017) -- Chief Judge G.M. Halfenger The court denied the debtors' third request to delay the grant of the discharge because Federal Rule of Bankruptcy Procedure 4004(c)(2) does not authorize a debtor to obtain a delay of the discharge after an initial 30-day period of deferment expiries. In re Jamiela Yvonne Flournoy, Case No. 16-21984 (March 2017) -- Chief Judge G.M. Halfenger Credit Acceptance Corp., a creditor with a security interest in the debtor's vehicle, objected to confirmation because the debtor's plan proposed to eliminate its lien on a non-filing co-debtor's interest in the collateral. The court concluded that the creditor's right to collect the debt from the non-filing co-debtor's interest in the vehicle could not be eliminated under 11 U.S.C. sec. 1322(b)(2). Michael A. Gral v. Estate of Margolis, Adv. Proc. No. 16-2193 (March 2017) -- Chief Judge G.M. Halfenger 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) -- Chief 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) -- Chief 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. Lanser v. First Bank Financial Centre (In re Voboril), 568 B.R. 797 (March 2017) -- Judge S.V. Kelley Trustee could avoid unperfected security interest in renewal commissions and promissory note under strong arm powers. Capital Ventures, LLC v. Estate of Margolis, Adv. Proc. No. 16-2140 (March 2017) -- Chief 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) -- Chief 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. |