OpinionsPlaintiff home restoration contractor filed motion for summary judgment on grounds that prior state court judgment against chapter 13 debtors for failure to pay insurance proceeds after repairs were made to their residence should be given preclusive effect. The motion was granted because the previous trial and appellate court findings were sufficient to find the obligation nondischargeable under section 523(a)(4). In re Ivano DiPietrantonio, Case No. 12-33921, A-1 Services, Inc. v. Debtor, Adv. No. 12-2949, Assured Power, Inc. v. Debtor, Adv. No. 12-2950 (November 2013) -- Judge M.D. McGarity Plaintiff subcontractors filed motions for summary judgment on the grounds that the chapter 7 debtor general contractor breached his fiduciary duties under Wisconsin's theft by contractor statute and the resulting debt was nondischargeable under section 523(a)(4). Plaintiffs also argued a previous state court default judgment should be given preclusive effect. The motions were denied because the matter had not been actually litigated in state court and the bankruptcy court was required to assess the debtor's state of mind while acting in a fiduciary capacity. In re Brian & Kelly Vieaux, Case No. 12-36663, K&D Masonry LLC v. Debtors, Adv. No. 13-2196 (November 2013) -- Judge M.D. McGarity Plaintiff subcontractor's motion for summary judgment on grounds that chapter 13 debtor prime contractor breached his duties under Wisconsin's theft by contractor statute and the resulting debt was nondischargeable under section 523(a)(4) was denied. Standards established by Supreme Court required the court to make a finding regarding the debtor's state of mind while acting in a fiduciary capacity, a determination ill-suited for summary judgment. In re Rove, 505 B.R. 502 (October 2013) -- Judge S.V. Kelley Debtor was allowed to exempt interest in Dairy Cooperative equity account under § 522(d)(10)(E) because account was payable on account of age and was similar to a profit-sharing plan. In re Perry, et al (13-23897) (October 2013) -- Chief Judge G.M. Halfenger Order overruling debtors' post-confirmation claim objections. In re Robles (13-21328) (August 2013) -- Chief Judge G.M. Halfenger Order denying debtor's post-confirmation claim objection. In re Gerard, 495 B.R. 850 (August 2013) -- Judge S.V. Kelley Although the absolute priority rule continues to apply to individual chapter 11 debtors, debtor does not violate the rule by retaining exempt property. In re Heyden (13-29991) (August 2013) -- Chief Judge G.M. Halfenger Order denying motion to shorten notice period for failure to demonstrate cause that also discusses claimed "ministerial act" exception to automatic stay. In re Jeremy & Hillary Hollis, Case No. 13-20484 (July 2013) -- Judge M.D. McGarity The US Department of Agriculture, Rural Housing Service's motion for relief from the automatic stay to effectuate a setoff of the chapter 7 debtors' tax refund against a dischargeable loan guarantee loss claim obligation was granted. In re Itsines (13-21980) (July 2013) -- Chief Judge G.M. Halfenger Order denying mortgagee's request for abandonment and fees. |