OpinionsState 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. Estate of Sustache v. Mathews, 433 B.R. 732 (August 2010) -- Judge S.V. Kelley Debtor proved his affirmative defense of self-defense to willful and malicious injury claim under Bankruptcy Code ยง 523(a)(6). 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. In re Valley Petroleum, LLC, Case No. 09-28869, Debtor v. Garrow Oil Corp., Adv. No. 09-2328 (July 2010) -- Judge M.D. McGarity Certain electronic fund transfers and credit card receivables received prepetition by the chapter 11 debtor's fuel supplier were avoidable preferences. Because payment terms for new fuel shipments changed from being due 10 days after delivery to cash-in-advance, the additional payments on the balance owed the supplier were neither contemporaneous exchanges for new value nor made in the ordinary course of the parties' business. In re Meyers, 431 B.R. 823 (July 2010) -- Judge S.V. Kelley Debtors who inadvertently omitted tax refund from Schedules could amend Schedules and claim refund as exempt, when Trustee could not prove by clear and convincing evidence that refund was concealed or creditors were prejudiced. In re Arnhoelter, 431 B.R. 453 (July 2010) -- Judge S.V. Kelley Debtor could not claim Wisconsin homestead exemption in property that was owned by Debtor's LLC when judgment was docketed. In re Share Building Products, Inc., Case No. 09-21553 (June 2010) -- Judge M.D. McGarity Court overruled chapter 11 debtor's objections to claims of former employees. Employees were entitled to wages earned but not paid pursuant to doctrine of quantum meruit. In re Vance Robert Schuster, Case No. 08-20892 Published: In re Schuster, 428 B.R. 833 (May 2010) -- Judge M.D. McGarity Because chapter 13 debtor failed to establish the untimely filing of claim on behalf of omitted creditor was the result of his excusable neglect, his motion for enlargement of time in which to file a claim was denied. Even if excusable neglect had been established, any amount still due and owing to omitted creditor upon debtor's discharge would remain nondischargeable. In re Federico Teran, Case No. 09-37858 (April 2010) -- Judge M.D. McGarity Secured creditor opposed confirmation of chapter 13 plan which required creditor to notify debtor annually of accrued postpetition fees, expenses or charges. The court overruled the objection, finding the annual notice requirement was not onerous. |