Chapter 13 debtors with no personal liability on accelerated loan on principal residence were not allowed to strip the mortgage down to the value of the real estate.
In re David & Laurie Mathe, Case No. 10-38356, Craig & Jeanne Bell v. Debtors, Adv. No. 11-2190 (September 2011) -- Judge M.D. McGarity
Summary judgment pursuant to doctrine of issue preclusion was not warranted because state court findings did not meet nondischargeability standards set forth in sections 523(a)(2)(A) and (a)(4).
In re Martin & Katherine Murray, Case No. 10-31824, M&I Marshall & Ilsley Bank v. Martin Murray v. M&S Automotive, LLC, and Shaun Buckett, Adv. No. 10-2482 (September 2011) -- Judge M.D. McGarity
Court abstained from hearing third party complaint for indemnification after plaintiff and defendant stipulated for dismissal of first party cause of action.
In re Jeff Carlson, Case No. 10-38400, Baytherm Insulation, Inc. v. Debtor, Adv. No. 10-2702 (August 2011) -- Judge M.D. McGarity
Underlying theft by contractor judgment was nondischargeable under sec. 523(a)(4).
In re Robert McCoy, et al. Case No. 11-24652 (court minutes and order only) (June 2011) -- Judge M.D. McGarity
Bankruptcy petition preparers were sanctioned for violating sec. 110.
In re Jerimiah Snyder, Case No. 10-32042 (February 2011) -- Judge M.D. McGarity
Debtor's counsel was sanctioned $500 for filing chapter 7 petition for debtor who was ineligible for discharge, for sole purpose of delaying garnishment creditor until such time as debtor was eligible for discharge.
In re John & Shellie Schomisch, Case No. 09-34022 (October 2010) -- Judge M.D. McGarity
Because law firm LLC had not been dissolved, chapter 7 debtor husband's former law firm retained liens in contingent fee contracts the debtor took with him when he left the firm.
In re Thomas William Reimann, Case No. 09-37695 Published: In re Reimann, 436 B.R. 564 (September 2010) -- Judge M.D. McGarity
State Department of Corrections did not violate the automatic stay when it deducted funds from chapter 7 debtor's prisoner trust account postpetition and applied them against an obligation to pay for medical services received while he was in prison. The obligation was a nondischargeable penalty, as well.
In re Dwight & Robecca Glaubitz, Case No. 09-38348 Published: In re Glaubitz, 436 B.R. 99 (August 2010) -- Judge M.D. McGarity
Debtors were not eligible for chapter 13 because their unsecured debts exceeded cap set forth in section 109(e). The debtors' liabilities relating to their personal guarantees of corporate debt were not contingent.
In re Scott & Annabelle Wettstein, Case No. 09-36498, Tammy Montonati v. Scott Wettstein, Adv. No. 10-2124 (July 2010) -- Judge M.D. McGarity
Under doctrine of judicial estoppel, chapter 13 debtor was prohibited from arguing his conduct did not result in a willful and/or malicious injury pursuant to sec. 1328(a)(4), due to his previous state court stipulation that obligation was nondischargeable based on the willful and malicious injury to plaintiff.