MEMORANDUM DECISION THOMAS S. UTSCHIG, Bankruptcy Judge. On November 22, 2010, the Court conducted a hearing on the chapter 7 trustee's motions for default and/or summary judgment in this case. The trustee was represented by Christopher M. Seelen, and Robert Risler was represented by Mart W. Swenson. Jerry Risler appeared pro se. The following constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. Based upon the record, the Court concludes that it...
MEMORANDUM DECISION THOMAS S. UTSCHIG, Bankruptcy Judge. This is the second adversary filed by Mr. Iwaszczenko contesting the dischargeability of his claim against the Neales. The prior adversary proceeding was dismissed for failure to state a cause of action. 1 The Neales have moved to dismiss this case for similar reasons: namely, that the facts alleged in the complaint do not support a cause of action under 11 U.S.C. 523(a)(2), 523(a)(6), or 727(a). The Court conducted a hearing on...
MEMORANDUM DECISION THOMAS S. UTSCHIG, Bankruptcy Judge. The plaintiff, Mark Westlund, filed this adversary proceeding under 11 U.S.C. 523(a)(2), alleging that his claims against the defendant should be excepted from discharge. On August 16, 2010, the Court conducted a telephonic hearing on the defendant's motion for summary judgment or partial summary judgment. The following constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052, and for the...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. Grede Foundries, Inc., moved to reject a software maintenance contract with SAP America. SAP America opposed rejection, contending that the maintenance agreement was inseparable from other, related agreements that had to be accepted or rejected in toto. After a hearing, I took the matter under advisement. For the reasons stated below, the motion to reject is denied. On June 30, 2006, Grede and SAP America entered into a Software...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. On June 21, 2010, the parties appeared for a preliminary hearing on a motion to strike. I took the matter under advisement and indicated I intended to issue a brief decision. This is that decision. Brian and Lou Ann Schmitz initially filed chapter 13 in February 2009. That case was converted to chapter 11, then dismissed on June 17, 2009. They then filed this chapter 13 case on August 8, 2009. The case was converted to chapter 11 in...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. WE Energies and the Reedsburg Utility Commission (collectively, the "utilities") filed claims for administrative expenses under 11 U.S.C. 503(b)(9) for the value of electricity supplied to Grede Foundries in the 90 days pre-petition. The debtor objected. The parties agree that in the 90-day period, WE Energies supplied $89,473.07 and Reedsburg supplied $394,207.52 worth of electricity. The parties disagree about whether electricity is...
MEMORANDUM DECISION AND ORDER DENYING SUMMARY JUDGMENT THOMAS S. UTSCHIG, Bankruptcy Judge. On October 4, 2010, the Court conducted a telephonic hearing on the defendant's motion for summary judgment. Attorney Timothy L. Kostka appeared on behalf of the plaintiffs, and Attorney George B. Goyke appeared on behalf of the defendant. Based upon the record, the Court finds it appropriate to deny the motion for the following reasons. The plaintiffs brought this adversary proceeding alleging that...
