DECISION ON CONFIRMATION OF THE PLAN SUSAN V. KELLEY, Bankruptcy Judge. The Debtors are individuals who filed a Chapter 11 petition on February 2, 2012. On July 11, 2013, the Court held a confirmation hearing on the Debtors' Chapter 11 plan. Kevin and Margaret Gerard objected to confirmation of the plan based on (1) lack of good faith; (2) failure to provide all projected disposable income; and (3) violation of the absolute priority rule. On the good faith issue, after considering the...
DECISION AND ORDER ON CONFIRMATION OF CHAPTER 12 PLAN SUSAN V. KELLEY, Bankruptcy Judge. McMahon Family Limited Partnership (the "Debtor") filed a Chapter 12 petition on December 10, 2012. Chapter 12 is limited to family farmers, and the Debtor operates a tree farm on two parcels of real property in northern Wisconsin. The Court uses the term "operates" loosely: the Debtor's statement of financial affairs reveals that the Debtor has not received any income from the operation of the business...
MEMORANDUM DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. Martin L. Reichartz (the "Debtor") filed a petition under Chapter 13 of the Bankruptcy Code on October 13, 2004. One of his creditors is American Family Mutual Insurance Co. ("American Family"). American Family's claim is based on a June 25, 2003 judgment in the amount of $23,698.10, arising out of the Debtor's negligent operation of a motor vehicle while intoxicated. American Family filed a general...
DECISION AND ORDER ALLOWING CLAIM NUMBER 21 SUSAN V. KELLEY, Bankruptcy Judge. The Chapter 13 Trustee objected to the proof of claim filed by Steven Roeske (the "Claimant") because it was late. Although the Claimant missed the first claims bar date, the Clerk issued notice of a second bar date, and the Claimant complied with that notice. Under these unusual circumstances, the Claim should be allowed. The facts are not disputed. Tamara Noll (the "Debtor") filed a Chapter 13 petition...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM DECISION ON DEFENDANTS' MOTIONS TO DISMISS COMPLAINT AND AMENDED COMPLAINT SUSAN V. KELLEY, Bankruptcy Judge. Roger Rinaldi ("Mr. Rinaldi") and Desa Rinaldi (with Mr. Rinaldi, the "Debtors") filed this adversary proceeding contending that certain mortgage lenders and their lawyers engaged in a "criminogenic scheme" to defraud investors in a securitized trust and seize the Debtors' residence. (Complaint, 77). The defendants...
DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MARGARET DEE McGARITY, Bankruptcy Judge. On January 3, 2012, Amanda Jaeger-Jacobs commenced the instant bankruptcy case by filing a voluntary petition under chapter 7 of the Bankruptcy Code. On March 27, 2012, Ryan Jacobs filed a complaint against his former wife, asking the Court to determine nondischargeable, pursuant to 11 U.S.C. 523(a)(5) and/or 11 U.S.C. 523(a)(15), debts assigned to the debtor by the terms of the parties' Marital...
MEMORANDUM DECISION ON OLIVE PORTFOLIO, LLC, AS ASSIGNEE TO BMO HARRIS BANK, NA's MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND ABANDONMENT MARGARET DEE McGARITY, Bankruptcy Judge. On November 8, 2012, 4848, LLC, a single asset real estate debtor, filed a chapter 11 bankruptcy petition to stave off foreclosure on its property. Before the Court is the motion for relief from the automatic stay and abandonment filed by BMO Harris Bank, NA, 1 as it relates to the real property owned by the...
MEMORANDUM DECISION ON DEBTOR'S OBJECTION TO CLAIM NO. 89 FILED BY CLAIMANT ROY EBERT SUSAN V. KELLEY, Bankruptcy Judge. The Archdiocese of Milwaukee (the "Debtor") objected to Proof of Claim number 89 (the "Claim") filed by Roy Ebert (the "Claimant"). 1 The Debtor moved for summary judgment, arguing that the Claim should be disallowed as time-barred under Wisconsin's statute of limitations. The Court held hearings on December 13, 2012 and January 24, 2013. After consideration of the written...
DECISION ON MOTION FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. On April 2, 2007, the Archdiocese of Milwaukee (the "Debtor") created the Milwaukee Catholic Cemetery Perpetual Care Trust (the "Trust" or the "Cemetery Trust") to provide for the perpetual care of the Debtor's cemetery property and grounds. In March 2008, the Debtor funded the Trust by transferring over $55 million to a Trust bank account at U.S. Bank. The Debtor filed a chapter 11 petition on January 4, 2011, and...
