MEMORANDUM DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW CATHERINE J. FURAY, Bankruptcy Judge. Michael Farms, Inc. ("Plaintiff") filed this adversary proceeding to determine the dischargeability of debt under 11 U.S.C. 523(a)(4). The Plaintiff's claims are based on the alleged dissipation of assets held under a trust established by the Perishable Agricultural Commodities Act, 1930, 5(c)(4), as amended, 7 U.S.C.A. 499e(c)(4) ("PACA"). The complaint alleges that Thomas J. Lundgren ("...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. BMO filed proof of a claim ("claim # 1" filed as M & I's) in the amount of $168,693.79 secured by a lien on the debtor's homestead. In January 2012, BMO objected to confirmation of the debtor's plan because the plan failed to provide for payment in full on BMO's notes and mortgages. In order to resolve BMO's objection to the debtor's plan, the parties entered into a stipulation. BMO filed a supplemental claim for attorney's fees which...
MEMORANDUM DECISION ON BANK OF AMERICA, N.A.'s MOTION TO REMAND, ABSTAIN, OR DISMISS CATHERINE J. FURAY, Bankruptcy Judge. This proceeding was removed from the Oneida County Circuit Court by the Debtor, Paula D. Laddusire. It is now before the Court on the motion of the Plaintiff, Bank of America, N.A. ("BANA"), for abstention, remand, or dismissal. On March 28, 2013, the Court held a telephone conference on the motion. Following oral argument on the record, the parties agreed that no...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. Debtors claimed the federal exemptions in their amended claim of exemptions. The trustee objected. The debtors, who how live in Wisconsin, were domiciled in both Illinois and Wisconsin during the 730 days immediately preceding the filing of their bankruptcy petition. They were domiciled in Illinois (an "opt-out" state) during the 180 days immediately preceding that 730-day period. The trustee argues that under 11 U.S.C. 522(b)(3), the...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, DEFENDANT'S MOTION TO DISMISS, AND PLAINTIFF'S OBJECTION TO CLAIM CATHERINE J. FURAY, Bankruptcy Judge. The Debtor and Plaintiff, Suzannah Meta Schmid ("Debtor"), filed an objection to Claim No. 2 filed by BAC Home Loans Servicing, LP ("BAC"), now known as Bank of America as a successor by merger ("BANA"), contending that BAC "is not the real party in...
