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Opinions


    In re Guseck, 310 B.R. 400 (May 2004) -- Judge S.V. Kelley
    No need to reopen closed no-asset case to add unscheduled creditors to discharge "garden variety" debts.

    In re Harris, 310 B.R. 395 (May 2004) -- Judge S.V. Kelley
    Violation of the automatic stay found when debtor’s former spouse attempted to reduce the maintenance he owed to her to compensate for her failure to pay a property division debt.

    In re FV Steel & Wire Co., 310 B.R. 390 (May 2004) -- Judge S.V. Kelley
    Under old UCC Article 9, a financing statement listing only the debtor's trade name is "seriously misleading."

    In re Wescott, 309 B.R. 308 (April 2004) -- Judge S.V. Kelley
    Debtor can cure a mortgage arrearage in a Chapter 13 plan after the sheriff's sale and up until the confirmation hearing, because, under Wisconsin law, the debtor has the right to redeem the property up until the sheriff's sale is confirmed by the state court.

    In re Nelson, 308 B.R. 343 (April 2004) -- Judge S.V. Kelley
    Discharge injunction of Bankruptcy Code § 524(a)(3) does not apply where spouses file joint, rather than serial, cases.

    In re Mikulsky, 301 B.R. 726 (December 2003) -- Judge S.V. Kelley
    Collateral estoppel applies to a nondischargeability proceeding where the state court awarded punitive damages based on the debtor's malicious conduct.

    In re Young, 310 B.R. 127 (November 2003) -- Judge S.V. Kelley
    When a mortgage arrearage is cured under Bankruptcy Code § 1322(e), a mortgage creditor is entitled to no more than it would have received under its written agreement with the mortgagor.

    In re Merriwether, No. 02-02424-svk (unpublished) (November 2003) -- Judge S.V. Kelley
    Undue hardship is a difficult burden for a debtor to overcome, and to discharge student loan debts requires much more than a garden variety hardship.

    In re Trevisan, 300 B.R. 708 (October 2003) -- Judge S.V. Kelley
    A prima facie case for fraud is required for an entry of a default judgment in a Bankruptcy Code § 523(a)(2)(A) nondischargeability action for passing NSF checks.

    In re Delta Group, 300 B.R. 918 (October 2003) -- Judge S.V. Kelley
    Bankruptcy Code § 544(b) does not allow a trustee in bankruptcy to avail himself of avoidance powers found under Wis. Stats. § 128.07.