OpinionsThe chapter 7 trustee filed a no asset report in November 2003, and the discharge was granted and case closed in January 2004. In March 2004, debtor's counsel advised the trustee that the debtor was to receive previously undisclosed state and federal tax refunds. The trustee filed a motion to reopen and a motion for turnover of property. The debtor objected, stating the majority of the refund was generated by earned income credit and child tax credit. The court found that both types of credit were property of the estate and as such, subject to turnover. In re Bouzek, 311 B.R. 239 (June 2004) -- Judge S.V. Kelley Wholesale (liquidation) value is the proper valuation for the redemption of collateral under Bankruptcy Code § 722. In re Childers, 311 B.R. 232 (June 2004) -- Judge S.V. Kelley Inability to pay does not establish the fraudulent intent necessary for the entry of a default judgment in a nondischargeability action for NSF checks. In re Howard, 311 B.R. 230 (June 2004) -- Judge S.V. Kelley The injunction provision of Bankruptcy Code § 109(g)(2) is permissive, rather than mandatory. See also Grossman v. Beal (In re Beal), 347 B.R. 87 (E.D. Wis. 2006). In re Guseck, 310 B.R. 400 (May 2004) -- Judge S.V. Kelley No need to reopen closed no-asset case to add unscheduled creditors to discharge "garden variety" debts. In re Harris, 310 B.R. 395 (May 2004) -- Judge S.V. Kelley Violation 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. |