Skip to main content

Opinions


    Schuessler, et al. v. SBA, et al., Adv. No. 20-2065 (May 2020) -- Judge B.H. Ludwig
    Chapter 12 debtors filed adversary proceedings against the SBA and its administrator after their Paycheck Protection Program loan applications were denied because of their pending bankruptcy cases. The debtors argued the denial of their applications ran afoul of the non-discrimination provision in 11 U.S.C. §525(a) and the Administrative Procedure Act, 5 U.S.C. §§701 et seq. The court denied the debtors’ request for injunctive relief. The ruling was final as to the debtors’ core claims and served as recommended findings of fact and conclusions of law to the district court on the non-core claims.

    Wiseman v. Milwaukee Radiologists Ltd, Adv. No. 19-2153 (March 2020) -- Judge B.H. Ludwig
    The chapter 7 debtor filed an adversary proceeding against a medical service provider, alleging violations of the automatic stay. The provider mailed invoices to the debtor’s deceased husband, requesting payment of a $12.61 balance due for medical services provided to him. Because the record showed that the defendant's collection efforts were not directed against the debtor or her bankruptcy estate, the court found there was no violation of the automatic stay and dismissed the complaint.

    Moon v. Iowa Student Loan Liquidity Corporation, Adv. Proc. No. 18-2249 (December 2019) -- Judge B.H. Ludwig
    Nonprofit lender holding debtor’s consolidated student loan did not willfully violate the debtor’s discharge injunction by acting to collect on the debt post-discharge. The consolidated student loan was found to be nondischargeable under §523(a)(8)(A)(i) and thus was excepted from the debtor’s discharge issued in February 2012.

    In re Foley, Case No. 18-29998 (August 2019) -- Judge B.H. Ludwig
    The debtors' proposed chapter 13 plans contained lien-retention language in the non-standard provisions which deviated from the lien-retention requirements in 11 U.S.C. §1325(a)(5)(B). The court found the language in the non-standard provisions was not a barrier to confirmation because the affected secured creditors had accepted the plans, concluding that a properly served secured creditor that declines to object to confirmation has accepted the proposed plan for purposes of §1325(a)(5)(A). Nevertheless, because the issue was not ripe, the court declined to interpret the non-standard provisions.

    In re Morgan, 18-24459 (February 2019) -- Judge B.H. Ludwig
    The confirmed chapter 13 plan provided for payment to a secured creditor even though that creditor failed to file a proof of claim. The court denied the debtors’ motion to enlarge time to file a proof of claim on behalf of the creditor and sustained the trustee’s claim objection. The court rejected the debtors’ arguments that the plan should be deemed an informal proof of claim; the confirmed plan obviated the creditor’s need to file a proof of claim; and the time for the debtors to file a proof of claim on behalf of the creditors should be enlarged. The district’s local plan form specifically stated that “a timely proof of claim must be filed in order to receive payments from the trustee under the plan,” binding the debtors and the creditor to that requirement.

    In re Wulff, Case No. 17-31982 (February 2019) -- Judge B.H. Ludwig
    The confirmed chapter 12 plan provided for payments to a secured creditor even though that creditor filed untimely proofs of claim. The court denied the motions filed by the creditor and the debtor to extend time to file proofs of claim as moot and overruled the trustee's objection to the creditor’s late-filed proofs of claim. The creditor could not establish grounds for an extension of the Rule 3001(c) proof of claim deadline, and the debtor could not show excusable neglect necessary to enlarge the Rule 3004 deadline under Rule 9006(b)(1). Nevertheless, the chapter 12 trustee was bound by the confirmation order and could not re-litigate the plan's treatment of the claims.

    Heinrich v. Bagg, Adv. No. 17-2247 (August 2018) -- Judge B.H. Ludwig
    Court found debts based on state court civil judgment for tortious interference with contract and unlawful harvesting of timber dischargeable. Creditor failed to establish at trial that debts were for willful and malicious injury under section 523(a)(6).

    In re Bernhard, Case No. 17-27843 (August 2018) -- Judge B.H. Ludwig
    Court granted creditor and chapter 13 trustee's motions to dismiss because the debtor's total noncontingent, liquidated unsecured debts exceeded the chapter 13 debt limits. The debtor had scheduled a substantial debt as "unliquidated" because she had several affirmative defenses to it. Nevertheless, since it was readily ascertained by reference to an agreement and through simple mathematics, it was a liquidated debt and counted toward the §109(e) debt limits.

    In re Poivey, Case No. 17-26408 (May 2018) -- Judge B.H. Ludwig
    Because royalty income derived from individual property of debtor-wife was marital property, debtor-husband was entitled to exempt his interest in the royalties.

    In re Poivey, Case No. 17-26408 (January 2018) -- Judge B.H. Ludwig
    The court concluded that the debtors' interest in certain mineral rights is property of the estate not subject to exclusion under 11 U.S.C. §541(b)(4).