OpinionsViolation of the automatic stay found when debtor’s former spouse attempted to reduce the maintenance he owed to her to compensate for her failure to pay a property division debt. In re FV Steel & Wire Co., 310 B.R. 390 (May 2004) -- Judge S.V. Kelley Under old UCC Article 9, a financing statement listing only the debtor's trade name is "seriously misleading." In re Wescott, 309 B.R. 308 (April 2004) -- Judge S.V. Kelley Debtor can cure a mortgage arrearage in a Chapter 13 plan after the sheriff's sale and up until the confirmation hearing, because, under Wisconsin law, the debtor has the right to redeem the property up until the sheriff's sale is confirmed by the state court. In re Nelson, 308 B.R. 343 (April 2004) -- Judge S.V. Kelley Discharge injunction of Bankruptcy Code § 524(a)(3) does not apply where spouses file joint, rather than serial, cases. In re Donald P. Lomax, Case No. 99-28332, Bruce Lanser, Trustee v. Frank Balistreri, Adv. No. 01-2496 (March 2004) -- Judge M.D. McGarity On remand, the chapter 7 trustee was required to prove the debtor received less than reasonably equivalent value in exchange for relevant transfers and the debtor was insolvent on the date the transfers were made or became insolvent as a result of the transfers. The evidence supported the court's previous findings in favor of the trustee and the court denied the defendant's motion for return of the proceeds. In re Mikulsky, 301 B.R. 726 (December 2003) -- Judge S.V. Kelley Collateral estoppel applies to a nondischargeability proceeding where the state court awarded punitive damages based on the debtor's malicious conduct. In re Young, 310 B.R. 127 (November 2003) -- Judge S.V. Kelley When a mortgage arrearage is cured under Bankruptcy Code § 1322(e), a mortgage creditor is entitled to no more than it would have received under its written agreement with the mortgagor. In re Merriwether, No. 02-02424-svk (unpublished) (November 2003) -- Judge S.V. Kelley Undue hardship is a difficult burden for a debtor to overcome, and to discharge student loan debts requires much more than a garden variety hardship. In re Trevisan, 300 B.R. 708 (October 2003) -- Judge S.V. Kelley A prima facie case for fraud is required for an entry of a default judgment in a Bankruptcy Code § 523(a)(2)(A) nondischargeability action for passing NSF checks. In re Delta Group, 300 B.R. 918 (October 2003) -- Judge S.V. Kelley Bankruptcy Code § 544(b) does not allow a trustee in bankruptcy to avail himself of avoidance powers found under Wis. Stats. § 128.07. |