OpinionsChapter 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. In re Spraggins, 316 B.R. 317 (October 2004) -- Judge S.V. Kelley The replacement value for consumer goods purchased within 90 days of filing the bankruptcy petition is the purchase price of the goods. For automobiles, the purchase price is the presumptive replacement value, unless other evidence is presented. In re Bungert, 315 B.R. 735 (September 2004) -- Judge S.V. Kelley Proof required for entry of a default judgment in a nondischargeability action under Bankruptcy Code § 523(a)(2)(A) for credit card debt. In re Derrick & Shannon Buchner, Case No. 03-37885 (August 2004) -- Judge M.D. McGarity Chapter 7 debtors refinanced their 1996 Harley Davidson motorcycle prepetition. Perfection of the motorcycle was untimely during the preference period. The trustee filed a motion to turn over property for the benefit of the estate. The lien granted by the debtors to the bank was an avoidable preference and because the debtors had not made any payments to the trustee to satisfy the lien, the trustee was entitled to possession. |