Judge Kelley

In re Archdiocese of Milwaukee

Debtor objected to Proof of Claim number 131 (the "Claim") filed by an individual referred to in this decision as Claimant A-49. Debtor moved for summary judgment.
Ruling: 
Claim based on matter that was settled disallowed absent evidence of fraudulent concealment.
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Commercial case opionion summary, case decided on February 17,2012, LexisNexis #0312-043

In re Weise

In debtor's Chapter 13 case, issues arose under 11 U.S.C.S. § 506 and Fed. R. Bankr. P. 3002 as to which of two judgment creditors had priority in the equity in certain assets above debtor's exemption. Though the judgment on which the senior lienholder relied (Lien 1) had been granted prior to that of the junior lienholder (Lien 2), a timely proof of claim (POC) was filed as to Lien 2 while the Lien 1 POC was not filed until after the bar date.
Ruling: 
Senior lienholder's failure to file timely proof of claim did not result in avoidance.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-011

In re Robenhorst

Chapter 13 debtors sought to modify their confirmed plan under 11 U.S.C.S. § 1329(b) but the Trustee objected, arguing that the debtors must dedicate at least 50 percent of their tax refunds to payment of unsecured creditors under the plan.
Ruling: 
Plan modification prepared in good faith due to larger than anticipated mortgage arrearages confirmed over trustee's objection.
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Consumer case opionion summary, case decided on April 14,2011, LexisNexis #0511-069

Bulf Petroleum Corp. v. United Cent. Bank (In re Bulk Petroleum Corp.)

Chapter 11 debtor filed a motion to enforce a settlement agreement.
Ruling: 
Settlement with failed bank approved where bank failed to send agreement to FDIC for approval as called for by contingency.
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Commercial case opionion summary, case decided on March 18,2011, LexisNexis #0711-032

In re Johnson

Chapter 13 debtor sought to pay her student loans in full while paying less than 100 percent to other unsecured creditors. The trustee objected to confirmation of the plan for failing to allocate all of her disposable income toward the repayment of unsecured creditors. Debtor sought to deduct $641 per month for her student loans as a special circumstance under 11 U.S.C.S. § 707(b)(2)(B), or under 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Student loans were not special circumstances but could be separately classified under chapter 13 plan without discriminating against unsecured creditors.
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Consumer case opionion summary, case decided on March 11,2011, LexisNexis #0411-061

In re Willems

A Chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that an ownership deduction on a vehicle without a lien was impermissible under 11 U.S.C.S. § 707(b)(2)(A)(ii)(I). The sole issue for decision was whether a recent U.S. Supreme Court decision, Ransom, applied retroactively to unconfirmed plans filed prior to the decision.
Ruling: 
U.S. Supreme Court decision in Ransom, applied retroactively to bar vehicle ownership deduction on vehicles owned free and clear in unconfirmed plans filed prior to the decision.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0211-125

In re Hilgendorf

Debtors proposed a chapter 13 plan which provided for the use of the debtors' future income tax refunds to pay secured and administrative creditors and shorten the term of the debtors' plan rather than paying unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan.
Ruling: 
Confirmation denied due to improper treatment of withholding taxes in calculation of projected disposable income.
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Consumer case opionion summary, case decided on February 02,2011, LexisNexis #0311-031

In re George

A Chapter 7 Wisconsin debtor selected the federal exemptions to exempt her property. The trustee objected, claiming that she was limited to the Illinois state exemptions, under which one of her vehicles would not be exempt, arguing that the debtor had not lived in Wisconsin long enough to utilize the exemptions available to Wisconsin residents, and Illinois had opted out of the federal exemptions.
Ruling: 
Debtor who had not resided in filing state for 730 days and could not claim exemptions in state of former domicile could claim federal exemptions.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-078

In re Kearny

Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors. The court confirmed the debtor's plan on July 2, 2009, and on September 15, 2010, the debtor filed a modified plan, pursuant to 11 U.S.C.S. § 1329, that proposed to reduce her plan payments to $610 per month, resulting in a 72% dividend to unsecured creditors. The Chapter 13 trustee filed an objection to the debtor's modified plan.
Ruling: 
Modification denied due to debtor's misrepresentation of income to deprive creditors of full dividend.
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Consumer case opionion summary, case decided on December 03,2010, LexisNexis #0111-035

In re May

A trustee objected to confirmation of the chapter 13 debtors' plan pursuant to 11 U.S.C.S. § 1325(b)(1)(B) on the basis that it did not dedicate all of the debtors' disposable income to unsecured creditors. The trustee contended that the debtors could not deduct the mortgage payments on a stripped lien to arrive at their projected disposable income.
Ruling: 
Debtors could not deduct mortgage payments on stripped lien in projected disposable income calculation.
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Consumer case opionion summary, case decided on November 12,2010, LexisNexis #1210-100

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