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Opinions


    In re Grabow, 323 B.R. 236 (April 2005) -- Judge S.V. Kelley
    Chapter 13 plan that treated real estate tax claim as priority claim, not secured claim, could not be confirmed.

    In re Daniel P. & Miranda J. Huitema, Case No. 03-33310 (March 2005) -- Judge M.D. McGarity
    Chapter 7 debtors could recover from lienholder postpetition payments made on truck loan prior to avoidance of security interest by trustee.

    In re Jarosz, 322 B.R. 662 (March 2005) -- Judge S.V. Kelley
    In default context, invalid mortgage is an avoidable preferential transfer.

    In re Casey R. Wilbur, Case No. 03-37383 (March 2005) -- Judge M.D. McGarity
    Because debtor's future interest in spendthrift trust was not property of the estate, the chapter 7 trustee's motion for turnover was denied.

    In re Olsen, 322 B.R. 400 (March 2005) -- Judge S.V. Kelley
    In a lien avoidance action under Bankruptcy Code § 522(f), real property which was once contiguous to the homestead dwelling but then severed from it, is not "reasonably necessary" for the Debtors’ use as a home under Wis. Stats. § 990.01(14).

    In re Chad M. Koenigs, Case No. 04-23111, Paul G. Swanson, Trustee v. Chase Manhattan Mortgage Corporation, Adv. No. 04-2263 (March 2005) -- Judge M.D. McGarity
    Chapter 7 trustee was granted relief from order of abandonment. Personal property annexed to land was improvement subject to mortgage, precluding avoidance of the creditor's security interest.

    In re Bowles, 318 B.R. 129 (December 2004) -- Judge S.V. Kelley
    Wisconsin's "theft by contractor" statute does not apply to a project in Illinois, for purposes of a nondischargeability action under Bankruptcy Code § 523(a)(4).

    In re Paul & Veronique Madel, Case No. 03-32367, Debtors v. GMAC Mortgage Corporation, et al., Adv. No. 04-2060 (November 2004) -- Judge M.D. McGarity
    Plaintiffs' causes of action under the Truth in Lending Act (TILA) survived defendants' motions to dismiss.

    In re Spraggins, 316 B.R. 317 (October 2004) -- Judge S.V. Kelley
    The replacement value for consumer goods purchased within 90 days of filing the bankruptcy petition is the purchase price of the goods. For automobiles, the purchase price is the presumptive replacement value, unless other evidence is presented.

    In re Bungert, 315 B.R. 735 (September 2004) -- Judge S.V. Kelley
    Proof required for entry of a default judgment in a nondischargeability action under Bankruptcy Code § 523(a)(2)(A) for credit card debt.