MEMORANDUM DECISION Susan V. Kelley , Chief U.S. Bankruptcy Judge . Essie Phifer filed a complaint accusing the City of Milwaukee of violating the discharge injunction issued in her Chapter 13 bankruptcy case. The City moved to dismiss the complaint for failing to state a claim upon which relief can be granted. The parties have briefed the issue of whether the City's attempt to foreclose on the Debtor's home for pre-petition tax liabilities violated the discharge. FACTS The facts are...
Decision and Order on Jurisdiction to Consider Motion to Enforce the Confirmation Order Susan V. Kelley , Chief United States Bankruptcy Judge . These Chapter 11 cases featured numerous contentious twists and turns, but after months of negotiations, major constituencies agreed to a Chapter 11 plan. A cornerstone of the plan was the sale of the Debtors' grain facility assets to Archer-Daniels-Midland Company ("ADM"). Some litigation continued after confirmation, including a dispute over...
MEMORANDUM DECISION BETH E. HANAN , Bankruptcy Judge . The court held a trial on two matters: (1) Raymond Holden and Talon Executive Search Group LLC's ("Talon") complaint which seeks a determination that alleged debts owed to them by the debtor-defendants Michael and Mary Beth Hansen are non-dischargeable under various theories under 11 U.S.C. sections 523(a)(4) and (6); and (2) the Hansens' objections to the proofs of claim filed by Holden and Talon on the basis that the claimants have...
MEMORANDUM DECISION BETH E. HANAN , Bankruptcy Judge . The court held a trial on two matters: (1) Raymond Holden and Talon Executive Search Group LLC's ("Talon") complaint which seeks a determination that alleged debts owed to them by the debtor-defendants Michael and Mary Beth Hansen are non-dischargeable under various theories under 11 U.S.C. sections 523(a)(4) and (6); and (2) the Hansens' objections to the proofs of claim filed by Holden and Talon on the basis that the claimants have...
DECISION G. Michael Halfenger , United States Bankruptcy Judge . The debtor, Shawn Sternat, moves under 11 U.S.C. 522(f)(1)(A) to avoid a judicial lien on his residence held by his ex-wife, Rebecca Sarazin. Section 522(f)(1)(A) allows debtors to avoid judicial liens securing most debts to the extent those liens impair exemptions to which debtors would be entitled in the liens' absence. Sarazin contends that the Supreme Court's decision in Farrey v. Sanderfoot forecloses avoidance of...
MEMORANDUM DECISION AND ORDER. Beth E. Hanan , United States Bankruptcy Judge . Plaintiff Mary Holton seeks a determination that a debt owed her by Casey and Mandee Zaidel for replacement of her septic system is nondischargeable under 11 U.S.C. 523(a)(2). She alleges the Zaidels wrongfully and intentionally misrepresented the non-compliant status of the septic system when selling their home to Ms. Holton. The Zaidels dispute the existence of the debt and in any event contend that it may...
DECISION AND ORDER G. MICHAEL HALFENGER , Bankruptcy Judge . The Gelhaars are chapter 13 debtors. They own stock in Dehumidifier Corporation of America, Inc., a closely held corporation. The Gelhaars propose a debt-adjustment plan that promises to repay unsecured creditors in two ways: (1) the Gelhaars will pay their disposable income into the plan during the three-year plan term, and (2) they will sell the stock and pay the non-exempt net proceeds into the plan. CM-ECF Doc. No. 50, at 3....
DECISION OVERRULING TRUSTEE'S OBJECTION TO CONFIRMATION SUSAN V. KELLEY , Bankruptcy Judge . Melissa Marie Perez (the "Debtor") works as a salesperson for Carmax Auto Superstores; as part of her compensation, she receives the personal use of a vehicle. The Debtor's March 20, 2015 pay advice shows taxable "demo" pay of $625.83, and states that this amount increases her taxable gross income only. (Dkt. No. 24.) The issue is whether the Debtor must include the demo pay in her current monthly...
DECISION AND ORDER G. Michael Halfenger , United States Bankruptcy Judge . On March 2, 2015, I denied a reconsideration motion filed by Aman Deep Singh, Baljeet Kaur and Dimple Kaur (collectively, the "creditors"). CM-ECF Doc. No. 39. Singh never received notice of the March 2 order because clerk personnel mailed it to the creditors' former counsel — despite the fact that other court documents had been mailed directly to Singh and the other creditors. Compare CM-ECF Doc. No. 32 with CM-ECF...
MEMORANDUM DECISION Beth E. Hanan , United States Bankruptcy Judge . This chapter 11 case involves two debtors, two houses, eight bankruptcies filed in two states over four years, and no plan payments. The debtors-in-possession, Larry and Kimberly Gibas, have filed two motions for stay and the court has issued an order to show cause. Larry Gibas has moved to continue the automatic stay under 11 U.S.C. section 362(c)(3)(B) because he had one previous bankruptcy case dismissed within the...
DECISION AND ORDER ON OBJECTION TO CONFIRMATION SUSAN V. KELLEY , Bankruptcy Judge . The issue is whether the Chapter 13 debtors can modify the rights of the mortgage holder on their residence because the mortgage note is secured by collateral in addition to the residence. The parties have filed a stipulation of facts and letter briefs in support of their positions. (Dkt. Nos. 24, 25, 26.) David and Lana Bainer (the "Debtors") filed their Chapter 13 petition on July 18, 2015. (Dkt. No. 1.)...
MEMORANDUM DECISION ON TRUSTEE'S OBJECTION TO CLAIM NO. 15 FILED BY PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY SUSAN V. KELLEY , Bankruptcy Judge . In this case, the Trustee urges the Court to reconsider its ruling in In re Washington, 483 B.R. 871 (Bankr. E.D. Wis. 2012), allowing a late-filed proof of claim in a Chapter 13 case for a creditor without notice. After careful consideration, the Court grants the Trustee's request. Myron and Shevelle Johnson (the "Debtors") filed a...
