Bankruptcy Court for the Eastern District of Wisconsin Court Cases

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  1. Ricky L Nockerts and Geri L. Nockerts (2006)

    The U.S. Trustee has moved to dismiss this case based on a presumption of abuse under Bankruptcy Code § 707(b)(2) or as an abuse under § 707(b)(3). This chapter 7 case was filed on August 15, 2006, and is governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The parties have stipulated to most of the facts.


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-24480-svk
  2. In Re Guzman (2006)

    At the ceremony when President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), making sweeping changes to Title 11 of the United States Code (the Bankruptcy Code), the President stated:


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 05-45978-SVK
  3. In Re Van Bodegom Smith (2008)

    The trustee filed an objection to confirmation of the debtors' Chapter 13 plan, alleging that the debtors had failed to commit all of their disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B). The trustee also objected to confirmation on the ground that the debtors did not file the plan in good faith. The debtors argued that they properly calculated their disposable income as required by § 1325(b)(3) and § 707(b)(2)(A)(iii)(I). For the reasons that follow, the Court [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 07-25202-PP
  4. In Re Haberman (1992)

    In 1985, Donald C. Haberman's license to practice law was suspended by the Wisconsin Supreme Court for two years commencing January 1, 1986. Mr. Haberman was also ordered to pay to the Board of Attorneys Professional Responsibility, State of Wisconsin ("BAPR"), the costs of the disciplinary proceedings. The court further provided that, until such time as the costs were paid, his license would remain suspended until further order of the court. Disciplinary Proceedings Against Haberman, 126 [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy No. 91-00679-JES, Adv. No. 91-0157
  5. In Re Sawdy (2007)

    The debtors in this Chapter 13 matter are above-median income debtors who own two vehicles free and clear of liens. They contend that, while they no longer make payments on their cars, the language of 11 U.S.C. § 707(b)(2)(A)(ii)(I) entitles them to deduct from their disposable income calculations the cost of ownership of the vehicles. The trustee disagrees. The Court concludes that the debtors are correct, and that in spite of the fact that they do not actually have to make a note or lease [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-25130
  6. Robert J. Grunert and Veronica K. Grunert (2006)

    In In re Guzman, 345 B.R. 640 (2006), this Court reviewed the history of the Chapter 13 disposable income requirement and the changes wrought by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) for debtors whose income exceeds the State median. Guzman held that, pursuant to § 1325(b)(3), the above-median debtor's expense deductions to arrive at disposable income must be derived from Form B22C (the means test form) not Schedule J (the schedule of current expenses). [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-23625-svk
  7. In Re Eisenberg (1995)

    This is an old case, but it has not been idle. The plaintiff's motion for summary judgment based on 11 U.S.C. § 523(a)(6) was denied early in the case, and their motion for summary judgment based on 11 U.S.C. § 523(a)(4) was held in abeyance while the underlying action to determine liability bounced twice from the district court to the Seventh Circuit Court of Appeals. Final liability has now been established by the district court and affirmed by the court of appeals. This court finds that [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy Case No. 91-21185-MDM. Adv. No. 91-2161
  8. In Re Balcerowski (2006)

    This case involves an issue new to this Court — the appropriate way to calculate the tax expense for the purpose of determining whether a Chapter 13 debtor meets the requirement that he devote "all of [his] projected disposable income" to the plan under § 1325(b)(1)(B) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The Court concludes that the appropriate way to calculate the tax expense for this purpose is for the debtor to estimate, and subtract from his [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-21695
  9. In Re Trevisan (2003)

    Plaintiffs Mega Marts, Inc. and Roundy's Inc. filed these virtually identical adversary proceedings claiming that debts owed to them by the debtor Leah D. Trevisan are non-dischargeable under § 532(a)(2)(A) of the Bankruptcy Code.[1] The Debtor did not answer or otherwise respond to the complaints, and the Plaintiffs filed a Motion for default judgment. A prove-up hearing was held on August 20, 2003, at which Plaintiffs' counsel appeared. Neither the Debtor nor Debtor's counsel appeared.

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy No. 02-32158, Adversary Nos. 03-2210, 03-2211
  10. In Re Richie (2006)

    Debtor Charmaine Richie filed her Chapter 7 petition on January 20, 2006. The United States Trustee has moved to dismiss the debtor's bankruptcy proceeding as an abuse of the provisions of Chapter 7. The trustee made this motion pursuant to §§ 707(b)(1) and (b)(3)(B) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCA"). For the following reasons, the Court grants the trustee's motion to dismiss this case.


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-20188
  11. In Re Dunlap (2008)

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") has spawned many legal issues. Among these issues is the dispute now before this court as to whether negative equity financing[1] is a purchase money security interest ("PMSI") or is a non-PMSI. The consequences of this determination are as follows: under the "hanging paragraph,"[2] a borrower cannot "cram down" the secured car lender's claim into a secured claim (to the extent of the value of the collateral) and an [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 07-24392-jes
  12. In Re Kirchen (2006)

    This case involves an issue of apparent first impression in Wisconsin: whether an inherited individual retirement account may be claimed exempt under Wis. Stat. § 815.18(3)(j). The facts behind this interesting legal issue are undisputed. Ruth Kirchen established an individual retirement account (IRA) on August 22, 1996, designating her son, Thomas Kirchen, as the sole primary beneficiary. Pursuant to the IRA agreement, upon Ruth Kirchen's death, the remaining funds in the account would be [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 04-29434-SVK
  13. Raymond J. Wetzel and Patricia A. Wetzel (2008)

    The issue in this case is whether the Chapter 13 Trustee should be permitted to modify the Debtors' Chapter 13 plan pursuant to 11 U.S.C. § 1329(a) to increase payments to creditors and extend the life of the plan. The Court must decide whether the Trustee's Motion is timely, whether the post-confirmation earnings and inheritance are property of the estate and whether the Trustee is entitled to modify the plan in light of the increase in inheritance and income.


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 04-33546-svk
  14. In Re Passmore (1993)

    A continuing garnishment, instituted by creditors against the debtor's spouse's marital property wages prior to filing and continuing after filing, clearly resulted in a violation of the automatic stay as to postpetition wages. 11 U.S.C. § 362(a)(1), (5), (6); § 102(2). The debtor had a property interest in his wife's wages, and the garnishment resulted in the taking of that property for a prepetition debt. The creditors will have to return funds; the question is how much. The only issue is [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy No. 93-21419 MDM
  15. In Re Truss (2009)

    This matter came before the Court on the chapter 13 trustee's objection to confirmation of the debtors' amended plan. This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(L). Pursuant to Fed.R.Civ.P. 52, made applicable to this proceeding by Fed. R. Bankr.P. 7052, this decision constitutes the Court's findings of fact and conclusions of law.


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 08-21626
  16. In Re Turkowitch (2006)

    The issue in these chapter 13 cases is whether the surrender of a car to a secured creditor satisfies the creditor's claim in full, precluding the creditor from asserting a deficiency claim. The controversy arises under an unnumbered paragraph in 11 U.S.C. § 1325(a) enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The so-called "hanging paragraph" has generated significant litigation and a number of judicial decisions, including one from the [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 06-22507-svk, 06-24599-svk
  17. Geoffrey G Crego and Kimberly M Crego (2008)

    The Chapter 13 Trustee has objected to confirmation of the Debtors' plan on the grounds that the Debtors are not contributing all available disposable income to pay unsecured creditors. This case explores whether married debtors living in separate households can deduct the expenses of both households as a special circumstance under the means test.


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: 07-22747-svk
  18. In Re Tauscher (1981)

    The plaintiff, Secretary of Labor of the United States, has assessed civil money penalties in the amount of $3100 against the defendant debtor, Gerald Joseph Tauscher, for child labor violations of § 16(e) of the Fair Labor Standards Act of 1938, 29 U.S.C. 201, et seq. Plaintiff now seeks a determination that these penalties are nondischargeable pursuant to § 523(a)(7) of the Bankruptcy Code, and that further enforcement proceedings are within the exception provided by § 362(b)(4) to the [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy No. 80-00903, Adv. No. 80-0307
  19. In Re Sweeney (1980)

    In each of these cases, the plaintiff debtors seek to avoid nonpossessory, nonpurchase-money security interests in personal property, pursuant to § 522(f) of the Bankruptcy Code,[1] and the defendant creditors assert that § 522(f) is unconstitutional as applied to them, in that it violates the Fifth Amendment by depriving them of valuable and substantial property rights without due process of law. Because of the importance of the issue, these cases have been consolidated for the purpose of [...]

    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy Nos. 80-00528, 80-01325, 80-01707, 80-01925 and 80-01942
  20. In Re Lindskog (2011)

    This adversary proceeding presents the following question: May a debtor who received a chapter 7 discharge, and later filed a chapter 13 case within four years after the chapter 7 case was filed, avoid a wholly-unsecured junior mortgage lien?


    Court: Bankruptcy Court for the Eastern District of Wisconsin Docket: Bankruptcy No. 10-27037-jes. Adversary No. 10-2278

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