OpinionsBecause secured creditor did not give up its right to foreclose on the mortgage when it sought and obtained a personal judgment against the debtors, the debtor's objection to the creditor's proof of claim was overruled. In re John & Jennifer Engebregtsen, Case No. 05-27818 Published: In re Engebregtsen, 337 B.R. 677 (October 2005) -- Judge M.D. McGarity Chapter 13 debtors objected to the proof of claim filed by a creditor, based on the retail value of the vehicle securing it when the petition was filed. The court sustained the objection in part. For purposes of determining the creditor's secured claim, the value of the vehicle damaged in a postpetition accident was established at liquidation value as of the petition date. In re Art Unlimited, Case No. 02-23992, Neil McKloskey, Trustee v. Galva Foundry Co, Inc., Walter Nocito, & Wells Fargo Bank Wisconsin, Adv. No. 04-2098 (October 2005) -- Judge M.D. McGarity In preference adversary filed under sec. 547 and sec. 548, defendant transferee's motion for summary judgment was granted, in part, and denied, in part. In re Gertrude Walker, Case No. 04-23123 (October 2005) -- Judge M.D. McGarity Chapter 13 Trustee's objection to priority claim filed by debtor on behalf of city for unpaid municipal services was sustained. In re Dana Voelske, Case No. 03-28533, Glenn Givens, Jr., Trustee v. Franlkin Mortgage Funding Corp., Adv. No. 05-2327 (September 2005) -- Judge M.D. McGarity Debtor refinanced mortgage with defendant and subsequently filed for relief six days later. Defendant perfected mortgage twelve days after petition date. As mortgage was not perfected with the time allowed under sec. 547(e)(2)(A), the recording violated the automatic stay. Acts done in violation of the stay are void; therefore, the mortgage was unperfected at the time of filing. In re FV Steel & Wire, 331 B.R. 385, rev'd in part, aff'd in part, remanded by 350 B.R. 835 (September 2005) -- Judge S.V. Kelley Treatment of CERCLA contribution claims. In re John L. Meyer and Beth A. Meyer (September 2005) -- Judge J.E. Shapiro In a dispute over the proper amount of a claim arising from the damage provision of a lease contract, the court followed the fundamental rule of statutory construction that ambiguous contract provisions should be construed against the drafter. In re Czerneski, 330 B.R. 240 (September 2005) -- Judge S.V. Kelley A debtor husband could not claim the hardship exemption available to divorcing parties under Wis. Stat. § 767.255 and his payment of real estate taxes with marital funds was insufficient under Wis. Stat. § 766.63(1) to establish a marital interest in his wife's land and a federal wildcard exemption under Bankruptcy Code § 521(d)(5). In re Murray, 330 B.R. 732 (September 2005) -- Judge S.V. Kelley Flat fee of $2,000 for chapter 7 debtor's attorney in routine case was reduced on objection of US Trustee. The fee was set to cover discharge and exemption litigation that never materialized. In re Tirado, 329 B.R. 244 (August 2005) -- Judge S.V. Kelley Chapter 13 debtor's real estate broker was not required to comply with sections 327 and 330, and could be given an administrative claim under section 503(b). |