- 11 U.S.C.
In re Archdiocese of Milwaukee
Feb
17
2012
Ruling
Claim based on matter that was settled disallowed absent evidence of fraudulent concealment.
Procedural posture
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.
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Court
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- 11 U.S.C.
In re Weise
Sep
08
2011
Ruling
Senior lienholder's failure to file timely proof of claim did not result in avoidance.
Procedural posture
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.
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In re Robenhorst
Apr
14
2011
Ruling
Plan modification prepared in good faith due to larger than anticipated mortgage arrearages confirmed over trustee's objection.
Procedural posture
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.
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Court
:
- FRBP
Bulf Petroleum Corp. v. United Cent. Bank (In re Bulk Petroleum Corp.)
Mar
18
2011
Ruling
Settlement with failed bank approved where bank failed to send agreement to FDIC for approval as called for by contingency.
Procedural posture
Chapter 11 debtor filed a motion to enforce a settlement agreement.
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Court
:
- 11 U.S.C.
In re Johnson
Mar
11
2011
Ruling
Student loans were not special circumstances but could be separately classified under chapter 13 plan without discriminating against unsecured creditors.
Procedural posture
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), under 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Willems
Feb
03
2011
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Hilgendorf
Feb
02
2011
Ruling
Confirmation denied due to improper treatment of withholding taxes in calculation of projected disposable income.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re George
Dec
20
2010
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Kearny
Dec
03
2010
Ruling
Modification denied due to debtor's misrepresentation of income to deprive creditors of full dividend.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re May
Nov
12
2010
Ruling
Debtors could not deduct mortgage payments on stripped lien in projected disposable income calculation.
Procedural posture
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.
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Court
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