Trustee could not avoid recorded mortgage on Debtors' real property where Debtors had sold property on unrecorded land contract.
In re Thompson, 520 B.R. 713 (October 2014) -- Chief Judge S.V. Kelley
Creditor with disallowed claim required to refund all mortgage payments made on claim; debtors' requests for attorneys' fees and return of mortgage note denied.
In re Ryan, 517 B.R. 905 (September 2014) -- Chief Judge S.V. Kelley
In fee allowance dispute, Chapter 13 debtor's attorney bears burden of proving benefit of services to debtor, and in case that does not reach confirmation, the burden may be difficult to meet. Also, the disclosure requirements of § 329 and Rule 2016(b) are mandatory and strictly enforced.
Wan Ho Indus. Co., Ltd. v. Hemken (In re Hemken), 513 B.R. 344 (July 2014) -- Chief Judge S.V. Kelley
Creditors' complaints for discharge and dischargeability denied because creditors did not carry their burden of proving that debtor acted with requisite fraudulent intent.
In re Moncree, 511 B.R. 922 (June 2014) -- Chief Judge S.V. Kelley
Debtor not permitted to amend confirmed plan to reduce value of property and thereby reduce amount of secured creditor's claim.
In re Ingram, 2014 Bankr. LEXIS 1217 (March 2014) -- Chief Judge S.V. Kelley
Debtor's attorney forced to refund entire fee when she gave inappropriate advice to file bankruptcy when a state court action was warranted, filed inaccurate schedules and fee disclosure and failed to appear at a hearing on enforcement of the stay taking the position that her fee did not cover that hearing.
In re Ingram, 508 B.R. 98 (March 2014) -- Chief Judge S.V. Kelley
Attorneys' fees and punitive damages for stay violation denied when towing company held valid statutory lien on debtor's truck.
State of Wisconsin-Department of Workforce Development v. Davis (In re Davis), 507 B.R. 280 (March 2014) -- Chief Judge S.V. Kelley
The Debtor was not personally liable under Wis. Stat. § 108.22(9) for a defunct corporation's liability for unpaid unemployment contributions.
In re Rove, 505 B.R. 502 (October 2013) -- Chief Judge S.V. Kelley
Debtor was allowed to exempt interest in Dairy Cooperative equity account under § 522(d)(10)(E) because account was payable on account of age and was similar to a profit-sharing plan.
In re Gerard, 495 B.R. 850 (August 2013) -- Chief Judge S.V. Kelley
Although the absolute priority rule continues to apply to individual chapter 11 debtors, debtor does not violate the rule by retaining exempt property.