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Judge Kelley

In re Noll

Claimant creditor missed the first claims bar date, the Clerk issued notice of a second bar date, and the claimant complied with that notice. The trustee objected to the proof of claim because it was late.
Ruling: 
Proof of claim allowed over trustee's objection where creditor did not file by original chapter 13 bar date but did file by post-conversion chapter 7 bar date.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-009

In re Davis

Before the court was the chapter 13 trustee's objection to the proof of claim (POC) (Claim Number 9) filed by a law firm (claimant).
Ruling: 
Late filed proof of claim disallowed where creditor had adequate notice of bar date.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-117

In re Washington

The chapter 13 trustee objected to the proof of claim filed by a creditor because the claim was filed late, some seven months after the claims bar date. The creditor admitted that the claim was filed late, but explained that it had not received notice of the bankruptcy case.
Ruling: 
Late filed proof of claim allowed due to improper notice of bar date.
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Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0113-011

In re Archdiocese of Milwaukee

The official committee of unsecured creditors sought leave to file an adversary complaint, pursuant to Wis. Stat. § 242.04(1)(a) and 11 U.S.C.S. §§ 544(a), 544(b), and 550(a), pursuing avoidance claims as preferences and fraudulent transfers of in excess of $35 million made with actual intent to hinder, delay, or defraud creditors by debtor archdiocese to various recipients over seven years prior.
Ruling: 
Official committee of unsecured creditors not entitled to file avoidance proceedings to recover transfers by debtor diocese over previous seven years.
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Commercial case opionion summary, case decided on December 10,2012, LexisNexis #0113-020

In re Archdiocese of Milwaukee

Movant, an official creditors committee (OCC), asked the court to authorize it to pursue a declaratory judgment that certain parishes of debtor archdiocese were alter egos of debtor, that their assets were in effect the assets of debtor, and that such assets were properly consolidated with those of debtor and included within debtor's estate. Debtor opposed relief.
Ruling: 
Creditors' committee could not pursue action seeking judgment that parishes were alter egos of debtor archdiocese due to failure to state colorable claim.
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Commercial case opionion summary, case decided on December 07,2012, LexisNexis #0113-055

Gerard v. Gerard (In re Gerard)

Creditors filed a complaint against chapter 11 debtor seeking a determination that a state court judgment in their favor against the debtor was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditors moved for summary judgment.
Ruling: 
State court judgment for slander of title was nondischargeable.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-018

In re Adams

Debtor filed a petition under chapter 13, and the City of Milwaukee, Wisconsin, filed a motion for relief under 11 U.S.C.S. § 362 from the automatic stay so it could levy charges and penalties under Wis. Stat. § 66.0809(3) to collect the cost of utility services it provided to the debtor after he declared bankruptcy. The debtor opposed the City's motion.
Ruling: 
City entitled to relief from stay to collect cost of postpetition utility services.
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Consumer case opionion summary, case decided on October 31,2012, LexisNexis #1112-077

In re Tekavec

A bankruptcy debtor proposed a plan which provided for bifurcation of a claim of a creditor secured by a second lien the debtor's residence into secured and unsecured claims, but the creditor contended that 11 U.S.C.S. § 1322 precluded bifurcation of a claim secured by the debtor's principal residence. The creditor objected to confirmation of the debtor's plan.
Ruling: 
Claim secured by second lien could be bifurcated based on maturity date on original payment schedule which was before final plan payment date.
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Consumer case opionion summary, case decided on August 15,2012, LexisNexis #0912-028

In re Woods LLC

Movant bank, citing 11 U.S.C.S. § 1112(b), asked the court to dismiss a debtor's chapter 11 case on various grounds. Debtor opposed the motion. Other parties in interest including the U.S. trustee appeared.
Ruling: 
Case dismissed as filed to obtain stay of state court case.
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Commercial case opionion summary, case decided on May 10,2012, LexisNexis #0612-059

In re Warden

The chapter 13 trustee objected to confirmation of debtor's plan on the grounds that debtor failed to dedicate all projected disposable income to pay unsecured creditors as 11 U.S.C.S. § 1325(b)(1)(B) required.
Ruling: 
Claimed expenses for two older non-luxury vehicles were not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on April 23,2012, LexisNexis #0512-066

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