OpinionsIn 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. In re Jarosz, 322 B.R. 662 (March 2005) -- Judge S.V. Kelley In default context, invalid mortgage is an avoidable preferential transfer. In re Casey R. Wilbur, Case No. 03-37383 (March 2005) -- Judge M.D. McGarity Because debtor's future interest in spendthrift trust was not property of the estate, the chapter 7 trustee's motion for turnover was denied. In re Olsen, 322 B.R. 400 (March 2005) -- Judge S.V. Kelley In a lien avoidance action under Bankruptcy Code § 522(f), real property which was once contiguous to the homestead dwelling but then severed from it, is not "reasonably necessary" for the Debtors’ use as a home under Wis. Stats. § 990.01(14). In re Chad M. Koenigs, Case No. 04-23111, Paul G. Swanson, Trustee v. Chase Manhattan Mortgage Corporation, Adv. No. 04-2263 (March 2005) -- Judge M.D. McGarity Chapter 7 trustee was granted relief from order of abandonment. Personal property annexed to land was improvement subject to mortgage, precluding avoidance of the creditor's security interest. In re Bowles, 318 B.R. 129 (December 2004) -- Judge S.V. Kelley Wisconsin's "theft by contractor" statute does not apply to a project in Illinois, for purposes of a nondischargeability action under Bankruptcy Code § 523(a)(4). In re Paul & Veronique Madel, Case No. 03-32367, Debtors v. GMAC Mortgage Corporation, et al., Adv. No. 04-2060 (November 2004) -- Judge M.D. McGarity Plaintiffs' causes of action under the Truth in Lending Act (TILA) survived defendants' motions to dismiss. |