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Opinions


    Marks Family Trucking, LLC v. United States (In re Marks Family Trucking, LLC) (December 2017) -- Chief Judge S.V. Kelley
    Civil forfeiture action against debtor's truck that was used to transport illegal drugs is not stayed under the police powers exception to the automatic stay. Debtor will be able to make ownership claim to truck in the forfeiture proceeding.


    In re Hansen (November 2017) -- Chief Judge S.V. Kelley
    Penalty owed to the Wisconsin Department of Workforce Development for failure to maintain worker's compensation insurance did not fall into the exception to discharge for excise taxes or for penalties owed to and for the benefit of a governmental unit.


    In re Carr (July 2017) -- Chief Judge S.V. Kelley
    On post-confirmation dismissal of a Chapter 13 case, funds the trustee is holding are disbursed to the debtor, not the creditors.


    Lanser v. First Bank Financial Centre, 568 B.R. 797 (March 2017) -- Chief Judge S.V. Kelley
    Trustee could avoid unperfected security interest in renewal commissions and promissory note under strong arm powers.


    In re Olsen, 563 B.R. 899 (February 2017) -- Chief Judge S.V. Kelley
    Sale order not binding on entity that held right of first refusal but was never given notice of sale.


    In re Brah, 562 B.R. 922 (January 2017) -- Chief Judge S.V. Kelley
    Chapter 13 debtors' exempt veterans' disability benefits included in current monthly income and calculation of disposable income.


    Johnson v. US Bank National Association (In re Johnson) (January 2017) -- Chief Judge S.V. Kelley
    Nonrecourse mortgages securing deferred payment loans counted in determining whether equity existed for purposes of stripping lien from Debtor's property. 


    In re Olsen, 559 B.R. 879 (November 2016) -- Chief Judge S.V. Kelley
    Court had ancillary jurisdiction to enforce Chapter 11 plan in closed case; lack of notice to affected party may render sale free and clear void as to that party.


    World’s Foremost Bank v. Del Aguila (In re Del Aguila), 556 B.R. 917 (September 2016) -- Chief Judge S.V. Kelley
    Summary judgment denied for credit card nondischargeability claim where questions of fact existed about whether items were luxury goods and whether debtor incurred charges with intent not to repay them.


    In re Perez (June 2016) -- Chief Judge S.V. Kelley
    Chapter 13 debtor who worked at car dealership not required to include value of demo vehicle in her current monthly income.