OpinionsPlaintiff subcontractor's motion for summary judgment on grounds that chapter 13 debtor prime contractor breached his duties under Wisconsin's theft by contractor statute and the resulting debt was nondischargeable under section 523(a)(4) was denied. Standards established by Supreme Court required the court to make a finding regarding the debtor's state of mind while acting in a fiduciary capacity, a determination ill-suited for summary judgment. In re Rove, 505 B.R. 502 (October 2013) -- 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 Perry, et al (13-23897) (October 2013) -- Chief Judge G.M. Halfenger Order overruling debtors' post-confirmation claim objections. In re Robles (13-21328) (August 2013) -- Chief Judge G.M. Halfenger Order denying debtor's post-confirmation claim objection. In re Gerard, 495 B.R. 850 (August 2013) -- 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. In re Heyden (13-29991) (August 2013) -- Chief Judge G.M. Halfenger Order denying motion to shorten notice period for failure to demonstrate cause that also discusses claimed "ministerial act" exception to automatic stay. In re Jeremy & Hillary Hollis, Case No. 13-20484 (July 2013) -- Judge M.D. McGarity The US Department of Agriculture, Rural Housing Service's motion for relief from the automatic stay to effectuate a setoff of the chapter 7 debtors' tax refund against a dischargeable loan guarantee loss claim obligation was granted. In re Itsines (13-21980) (July 2013) -- Chief Judge G.M. Halfenger Order denying mortgagee's request for abandonment and fees. In re McMahon Family L.P., 495 B.R. 411 (July 2013) -- Judge S.V. Kelley Debtor's tree farm operation probably did not qualify for Chapter 12, and Debtor's plan was not feasible. In re Joseph Miller, Case No. 12-32487, Layton State Bank v. Debtor, Adv. No. 13-2045 (July 2013) -- Judge M.D. McGarity Chapter 11 individual debtor filed counterclaims against the plaintiff bank for damages to the debtor's apartment complex while under the management and control of the bank. Bank's motion to dismiss counterclaims was granted because debtor, as guarantor, did not have standing under the guaranty; the claims against the bank belonged to the borrower, the debtor's LLC. |