OpinionsChapter 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. In re Derrick & Shannon Buchner, Case No. 03-37885 (August 2004) -- Judge M.D. McGarity Chapter 7 debtors refinanced their 1996 Harley Davidson motorcycle prepetition. Perfection of the motorcycle was untimely during the preference period. The trustee filed a motion to turn over property for the benefit of the estate. The lien granted by the debtors to the bank was an avoidable preference and because the debtors had not made any payments to the trustee to satisfy the lien, the trustee was entitled to possession. In re Mark & Marlene Brewer, Case No. 03-33181, Debtors v. QC Financial Services, Inc., Adv. No. 03-2532 Published: In re Brewer, 313 B.R. 795 (August 2004) -- Judge M.D. McGarity Chapter 13 debtors brought an adversary proceeding to recover for the creditor's alleged violations of the automatic stay. The court granted the creditor's motion for summary judgment in part. The creditor's postpetition presentment of a check written prepetition was not a violation of the automatic stay. Genuine issues of fact precluded entry of summary judgment on whether the creditor's refusal to turn over proceeds of the transfer was an exercise of control over property of the estate. In re Gladney, No. 03-31411-svk (unpublished) (August 2004) -- Judge S.V. Kelley Trustee not allowed to unabandon property. In re Linda L. Middaugh, Case No. 02-32054 (July 2004) -- Judge M.D. McGarity Chapter 13 debtor had two loans with the Farmers Home Administration ("FHA"), which she obtained as part of a divorce settlement. One loan was subsequently paid in full. Debtor had not made payments on the second loan for over a year, as she thought the loan had been paid in full. The debtor objected to both the FHA's proof of claim and motion for relief from the automatic stay. The Court allowed the claim for the pre- and postpetition amounts and further allowed the filing of a supplemental claim for postpetition arrearages. The motion for relief was denied because the debtor had equity in the property and the property was necessary for effective reorganization, subject to the debtor maintaining current payments to the creditors and trustee. In re Pokrzywinski, 311 B.R. 846 (July 2004) -- Judge S.V. Kelley Simple interest, not add-on interest, is the proper method for calculating the amount of interest required on a Chapter 13 plan. |