OpinionsChapter 7 debtor owed plaintiff insurance company a subrogation claim resulting from damages to vehicle driven by debtor without permission of owner. Because previous state court action did not litigate the issue of intent, the plaintiff's motion for summary judgment in sec. 523(a)(6) proceeding was denied. In re Jason Zahringer, Case No. 07-30217 (May 2008) -- Judge M.D. McGarity Chapter 13 debtor could not deduct student loan payment as an additional expense claim on Line 59 of Form 22C due to "special circumstances." In re Robert & Gladys Nething, Case No. 07-27145 (May 2008) -- Judge M.D. McGarity Chapter 13 debtors' attorney was "unsecured creditor" entitled to share in the unsecured creditors' pool of monthly disposable income under sec. 1325(b)(1)(B). In re Vission, Inc., Case No. 07-21957, Trustee v. Trasino Park-Hudsons, LLC, et al., Adv. No. 07-2111 (May 2008) -- Judge M.D. McGarity In adversary proceeding involving the conflicting legal rights of two creditors in the business assets of the debtor, summary judgment was granted, in part, and denied, in part. Although bank had knowledge of debtor's previous pledge of assets to creditor, bank perfected its security interest first, making its lien superior. The creditor's request, in the alternative, for marshaling of assets could not be granted, as a matter of law, at the summary judgment stage. In re Tyrone & Tammy Eiler, Case No. 07-26168 Published: In re Eiler, 390 B.R. 920 (May 2008) -- Judge M.D. McGarity Chapter 13 debtor objection to proof of claim filed by mortgage lender, on ground that deficiency had been rolled into total amount owed, as set forth in previous reaffirmation agreement. The court sustained the objection and concluded the reaffirmation agreement changed the terms of mortgage note as it pertained to the calculation and collectability of arrearages incurred prior to when the reaffirmation agreement was entered into. In re Jaime & Guadalupe Martinez, Case No. 07-26673 Published: In re Martinez, 391 B.R. 424 (May 2008) -- Judge M.D. McGarity U.S. Trustee's motion to dismiss pursuant to sec. 707(b) was granted. Chapter 7 debtors were not entitled to additional transportation expense on Line 22 of Form 22A for each of their vehicles after the loan was paid off. In re James & Michelle Bork, Case No. 07-27105 Published: In re Bork, 389 B.R. 823 (May 2008) -- Judge M.D. McGarity Chapter 7 trustee objected to exemption claimed by debtors in cash surrender values of their life insurance policies. The court sustained the objection, finding debtors' exemption of the value of contracts of life insurance policies were limited by sec. 815.18(3)(f)3.b, Wis. Stat., with respect to funding any increase in such value that took place within 24 months of filing. In re Ford, 2008 Bankr. LEXIS 1381 (April 2008) -- Judge S.V. Kelley A vehicle that was not purchased for the personal use of the Debtor did not qualify for 910-treatment under the first portion of the hanging paragraph. Since the lender had a purchase money security interest in the vehicle and not "any other thing of value" the second portion of the hanging paragraph also did not apply. The Court questioned the good faith of the debtor in proposing to cram down on a brand new vehicle that the debtor did not use. In re Gerald & Margaret Tevz, Case No. 01-30923, Debtors v. Milwaukee County, Adv. No. 07-2146 (April 2008) -- Judge M.D. McGarity County's actions in attempting to collect, post-discharge, interest on property taxes which was not paid through the chapter 13 plan was not a violation of the discharge injunction. (This decision is a court minute decision, only.) In re Lacey K. Rither, Case No. 05-23558 (April 2008) -- Judge M.D. McGarity In pre-BAPCPA case, chapter 13 debtor was not allowed to modify plan to limited payments of one half of tax refunds to only the first three years of the newly-extended plan. |