OpinionsA debtor husband could not claim the hardship exemption available to divorcing parties under Wis. Stat. § 767.255 and his payment of real estate taxes with marital funds was insufficient under Wis. Stat. § 766.63(1) to establish a marital interest in his wife's land and a federal wildcard exemption under Bankruptcy Code § 521(d)(5). In re Murray, 330 B.R. 732 (September 2005) -- Judge S.V. Kelley Flat fee of $2,000 for chapter 7 debtor's attorney in routine case was reduced on objection of US Trustee. The fee was set to cover discharge and exemption litigation that never materialized. In re Tirado, 329 B.R. 244 (August 2005) -- Judge S.V. Kelley Chapter 13 debtor's real estate broker was not required to comply with sections 327 and 330, and could be given an administrative claim under section 503(b). In re Paul F. Dinkins, Case No. 04, 28251, Romes Design, Inc. v. Paul F. Dinkins, Adv. No. 04-2229 and Central Consulting Engineers, Ltd. v. Paul F. Dinkins, Adv. No. 04-2230 Published: In re Dinkins, 327 B.R. 918 (June 2005) -- Judge M.D. McGarity Because plaintiff architects were not beneficiaries under state theft by contractor statute, the debtor's obligations to them were dischargeable. In re Asherman, No. 04-33391-svk (unpublished) (May 2005) -- Judge S.V. Kelley Debtor's employer held in contempt for failure to comply with payroll order. In re Nejedlo, 324 B.R. 697 (April 2005) -- Judge S.V. Kelley Evidence is needed to support Objections to Claims, even in the absence of response or appearance by Claimant. Agent is liable for corporate debt, where corporation's existence is not disclosed to Claimant. In re Mark & Marlene Brewer, Case No. 03-33181, Debtors v. QC Financial Services, Inc., Adv. No. 03-2532 (April 2005) -- Judge M.D. McGarity In same case, the court previously determined presentation of post-dated check by the payee after payor filed bankruptcy, and resulting receipt of proceeds, was excepted from the automatic stay (see below). In this decision, the court found the retention of the proceeds after demand by the debtors was a violation of the stay. Because the creditor's conduct was egregious and intentional, the debtors were entitled to punitive damages. Kelvin W. Krause -v- Vicky Groom (In re Kelvin W. Krause) (April 2005) -- Judge J.E. Shapiro Adversary proceeding involving the debtor's remaining obligation to non-filing ex-spouse of $14,500 (payable at the rate of $500 per month over 36 months and labeled as "maintenance payments" in the marital settlement agreement) which was determined by the court to be a maintenance debt which is nondischargeable under 11 U.S.C. Sec. 523(a)(5). In re Grabow, 323 B.R. 236 (April 2005) -- Judge S.V. Kelley Chapter 13 plan that treated real estate tax claim as priority claim, not secured claim, could not be confirmed. In re Daniel P. & Miranda J. Huitema, Case No. 03-33310 (March 2005) -- Judge M.D. McGarity Chapter 7 debtors could recover from lienholder postpetition payments made on truck loan prior to avoidance of security interest by trustee. |