DECISION CATHERINE J. FURAY , Bankruptcy Judge . The Debtor, Rachel E. Gullicksrud, filed a voluntary Chapter 12 petition on May 24, 2016. According to 11 U.S.C. 1221, the Debtor's Chapter 12 Plan was due on August 22, 2016. The Debtor filed a Stipulation for Substitution of Attorney on August 29, 2016, and a Motion to Extend Time to File the Chapter 12 Plan on August 29, 2016. The Court granted the Stipulation for Substitution of Attorney on August 31, 2016, and took the Motion to...
MEMORANDUM DECISION Catherine J. Furay , U.S. Bankruptcy Judge . This case is before the Court on the Motion of Johnson Bank for Relief from Stay. The Debtor, Nicholas Stincic ("Stincic"), claims the mortgage at issue was rescinded and, thus, there is no entitlement to relief from stay. I. Jurisdiction The Court has jurisdiction over this case pursuant to 28 U.S.C. 1334(a) and 157(a). This is a core proceeding under 28 U.S.C. 157(b)(2)(G) and (L). See In re Bates, 270 B.R. 455...
TRANSMITTAL OF RECORD ON APPEAL TO THE U.S. DISTRICT COURT ROBERT D. MARTIN , Bankruptcy Judge . I, Robert D. Martin, U.S. Bankruptcy Judge, herein, do hereby transmit the Memorandum on Remand (docket 86) in the above-entitled matter to the Clerk of the U.S. District Court for the Western District of Wisconsin.
MEMORANDUM DECISION ON REMAND ROBERT D. MARTIN , Bankruptcy Judge . On November 18, 2013, the Chapter 13 plan of Ronald Symdon (Debtor) was confirmed. On January 27, 2014, Balisle & Roberson, S.C. (Balisle) filed a Claim for $70,000. It asserted priority under 507(a)(1)(A) or (a)(1)(B). I denied that priority, but on appeal the District Court vacated my Order and remanded for further proceedings. Specifically, this court was directed to determine whether Balisle has standing to assert...
MEMORANDUM DECISION Catherine J. Furay , U.S. Bankruptcy Judge . Debtors Julie Roen ("Roen") and Robert Dorshak ("Dorshak") filed a voluntary chapter 7 petition on January 7, 2016. They each assert a $75,000 exemption in real property as homestead property under Wis. Stat. 815.20. The Trustee objects to the claim of exemption by Robert Dorshak. Statement of Facts The Debtors reside at 4115 116th Street, Chippewa Falls, Wisconsin. The Debtors place its value at $156,000. Debtors were...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPCY JUDGE . Debtor, CS Estate, Inc. (CS), filed an objection to the claim of creditor Houlihan Lokey Capital, Inc. (Houlihan). After a preliminary hearing, the parties filed a stipulation requesting a ruling as a matter of law on three issues: (1) the choice of law to be applied in interpreting the contract; (2) whether the Consent Provision is a condition precedent to the formation and enforceability of the Contract, such that the...
MEMORANDUM DECISION ROBERT D. MARTIN , Bankruptcy Judge . Debtor, Capitol Lakes, Inc. (Capitol), filed a voluntary Chapter 11 petition on January 20, 2016. On June 15, 2016, Capitol filed its fifth (5 th ) amended plan. Secured creditors, Santander Bank N.A. (Santander) and KBC Bank, N.V. (KBC) (the banks), were the only parties to object to confirmation. A confirmation hearing on Capitol's plan was held on June 22, 2016. The banks have claims against the debtor totaling $57.6M. This...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . Debtors Timothy and Pamela McCarthy (the McCarthys) claimed an exemption for a closely held business interest. The Chapter 7 trustee objected. A final hearing on that objection was held on January 6, 2016, at which the matter was taken under advisement. On December 20, 2006, Mr. McCarthy and his step-son, Cory Acker, bought a duplex for approximately $275,000. $218,400 of the purchase price was funded by a note and...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . On November 8, 2013, debtor, Theodore Wenzel, filed a voluntary chapter 7 petition. Green Tree Servicing LLC (Green Tree), filed a timely proof of claim asserting a security interest in Wenzel's home. Wenzel objected to that claim and then brought this adversary proceeding to determine the validity of Green Tree's lien. On October 20, 2015, the bankruptcy trustee was joined as a plaintiff. The parties stipulated to the...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . Debtor, Jayne Carter, commenced this Chapter 7 case on February 10, 2015. In her schedules she claimed fee simple ownership of two pieces of real property; 4229 Barby Lane, Madison, Wisconsin (the "Madison residence"), and 5370 Linden Street, Laona, Wisconsin (the "Laona residence"). Although Carter maintained legal residence in Madison at the time of filing, she claimed the Laona residence as her exempt homestead...
MEMORANDUM DECISION ROBERT D. MARTIN , Bankruptcy Judge . In the immortal words of Judge Easterbook in Pettibone v. Easley, 935 F.2d 120 , 121 (7 th Cir. 1991): "Only a belief that bankruptcy is forever could produce a case such as this." The debtor has moved in 2015 to reopen his case, closed in 2001, to determine dischargeability of his student loan debt. That motion must be denied. On September 20, 2001, debtor George Montgomery's chapter 7 case was closed by this court after...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . Debtors, Dominic and Barbara Gorniak, filed a Chapter 11 case which they converted to Chapter 7 on June 27, 2014. At the time of the conversion, the debtors maintained a debtors in possession (DIP) account which contained $8,652.43, 100% of which was post-petition earnings of the debtors. The Chapter 7 trustee sought turn-over of the $8,652.43 arguing that pursuant to 11 U.S.C. 541, 1115(a)(2), 348(f), and existing...
DECISION CATHERINE J. FURAY , U.S. Bankruptcy Judge . Debtor/Defendant Bradley A. Windeshausen filed a voluntary chapter 7 petition on February 28, 2015. Creditor/Plaintiff Katherine Hebl filed this adversary complaint on June 2, 2015. The complaint seeks to hold a state court arbitration award nondischargeable. The Plaintiff filed a motion for summary judgment that the Defendant opposed. FACTS The Defendant was a member of Whiskey Dicks, LLC (the "LLC"). In July 2007, the Plaintiff...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Statement of Procedural History Debtor Marjorie Gibson filed a voluntary chapter 7 petition on November 20, 2013. Trustee Mark Mathias filed this adversary proceeding seeking a determination that the judgment obtained by the Defendants on October 3, 2013, and docketed in St. Croix County, Wisconsin, on November 6, 2013, is a preferential transfer subject to avoidance. The Trustee filed a motion for summary judgment. Statement of Facts On...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . This adversary proceeding involves a lawyer, Randy Joseph Netzer ("Netzer"), who was disciplined by the Wisconsin Office of Lawyer Regulation ("OLR"). The discipline resulted in the imposition of costs against Netzer. The Wisconsin Supreme Court imposed costs in the amount of $9,222.21 against him on January 29, 2014. (Dkt.# 38) Netzer seeks a determination that the costs assessed are dischargeable. OLR argues the costs...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . The Debtor in this Chapter 11 case was engaged in the production and sale of egg products. Some of those products were stored — both pre- and post-petition — at a warehouse owned by Rancho Cold Storage, Inc. The storage has ceased and Rancho now seeks allowance of an administrative expense claim for the storage charges. JURISDICTION This Court has jurisdiction under 28 U.S.C. 1334 and the Western District of Wisconsin order of reference...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . The matter is before the Court at the request of both parties. The Plaintiffs filed this adversary proceeding seeking to avoid the second mortgage lien of Defendant Nationstar Mortgage LLC. The Defendant filed an answer and the parties filed a joint pretrial statement. Thereafter, the parties requested a briefing schedule and have stipulated to relevant facts. The Plaintiffs are the debtors in a voluntary Chapter 13...
