Chapter 13 debtor who voluntarily dismissed previous bankruptcy case in which secured creditors had moved for relief from the automatic stay was not eligible to be a debtor under sec. 109(g)(2). (This decision is a court minute decision, only.)
In re David Michael Larsen, Case No. 09-22963 (November 2009) -- Judge M.D. McGarity
Court abstained from exercising jurisdiction over funds related to state court receivership.
In re Daniel A. Fink, Case No. 09-23299 Published: In re Fink, 417 B.R. 786 (October 2009) -- Judge M.D. McGarity
Chapter 7 trustee objected to the debtor's claim of exemption in a lien on his former marital home, executed by his former spouse, in partial settlement of their divorce proceedings eight years prior to the bankruptcy filing. The court sustained the objection, finding the debtor lost his right to claim either a federal or state homestead exemption.
In re Brian & Patsy Morey, Case No. 09-26318 Published: In re Morey, 414 B.R. 473 (September 2009) -- Judge M.D. McGarity
Secured creditor filed an objection to confirmation of the chapter 13 debtors' plan, arguing the financing of the negative equity on the debtors' used trade-in vehicle was included in the financing of their new vehicle purchase, resulting in its claim being protected from cram down under sec. 1325(a). The debtors argued the negative equity resulting from the trade-in of their old vehicle was not part of the purchase money security interest, and was thus not subject to the 910-day rule imposed by the hanging paragraph in sec. 1325(a). The court sustained the creditor's objection, concluding the entire amount of the debt securing the new vehicle met the definition of purchase money security interest.
In re David Michael Larsen, Case No. 09-22963 Published: In re Larsen, 406 B.R. 821 (June 2009) -- Judge M.D. McGarity
Chapter 7 pro se debtor moved for the appointment of counsel pursuant to 28 U.S.C. sec. 1915(e)(1). The court denied the motion, finding no exceptional circumstances justified the appointment of pro bono counsel.
In re Timothy & LeAnn Truss, Case No. 08-21626 Published: In re Truss, 404 B.R. 329 (April 2009) -- Judge M.D. McGarity
The chapter 13 trustee opposed confirmation of plan which treated student loan creditor as separately classified creditor, arguing it unfairly discriminated against the other unsecured creditors. The court overruled the trustee's objection, finding the specific provisions of sec. 1322(b)(5) for the cure of arrearages and maintenance of regular payments on long term indebtedness applied and superceded the general unfair discrimination provisions of sec. 1322(b)(1).
In re Robert & Sandra Ecker, Case No. 07-29439, Fischer Construction, et al. v. Robert Ecker, Adv. No. 08-2059 Published: In re Ecker, 400 B.R. 669 (January 2009) -- Judge M.D. McGarity
The plaintiffs in theft by contractor cause of action were entitled to judgment of nondischargeability under sec. 523(a)(4). The court found the services performed for the debtor's construction company fell within the provisions of both the old and new versions of Wis. Stat. sec. 779.02(5).
In re Christine C. Bermann, Case No. 08-28387 Published: In re Bermann, 399 B.R. 213 (January 2009) -- Judge M.D. McGarity
The chapter 13 trustee opposed confirmation of the debtor's plan because she included non-escrow homeowners' insurance and real estate taxes on Line 47 of Form 22C. The court overruled the trustee's objection as it related to the deduction for insurance and property taxes because, even though those expenses were not paid into an escrow account, such payments were required by the contract that created the security interest.
In re Charles & Mary Kay Becker, Case No. 07-26001 Published: In re Becker, 400 B.R. 221 (Bankr. E.D. Wis. 2009), rev'd in part, 09-C-170 (W.D. Wis. 2009) (January 2009) -- Judge M.D. McGarity
Creditor opposed the chapter 11 debtors' proposed disclosure statement on the grounds that it did not adequately describe the cross-collateralization of the debtors' obligations to it. The court determined the debtors' original mortgage on their homestead did not secure the subsequent business notes.
In re David Michael Larsen, Case No. 08-33993 Published: In re Larsen, 399 B.R. 634 (January 2009) -- Judge M.D. McGarity
Debtor who was currently incarcerated in a prison that was experiencing difficulties with its telephone service moved for at least a temporary waiver of the prepetition credit counseling requirement. Prisoner's motion for exemption from credit counseling was denied by the court because no "exigent circumstances" existed, of a kind entitling the debtor to a temporary waiver of the requirement. Furthermore, the debtor's incarceration did not rise to the level of "disability," of a kind warranting a permanent waiver of the credit counseling requirement.