MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . This matter is before the Court on the motion of Aaron Holzhueter ("Plaintiff") for summary judgment pursuant to Fed. R. Civ. P. 56, made applicable to bankruptcy proceedings through Fed. R. Bankr. P. 7056. Plaintiff filed this adversary proceeding seeking a Declaratory Judgment under 28 U.S.C. 2201 and 2202 and 11 U.S.C. 502. On November 17, 2016, the Defendants filed an answer and counterclaims alleging their...
OPINION WILLIAM V. ALTENBERGER , Bankruptcy Judge . The matter before this Court is the Chapter 7 Trustee's motion to sell by private sale real estate of the Debtor free and clear of all liens, claims, encumbrances, and interests, and the combined objection to the motion filed by Brian Kelly (Debtor) and his father, Paul L. Kelly (Paul), and the U.S. Trustee's limited objection to the motion. The real estate is a farm and the only asset of the bankruptcy estate. There were three prior...
MEMORANDUM DECISION Catherine J. Furay , U.S. Bankruptcy Judge . This is a tale of two views of the same transaction. Debtor First Phoenix-Weston, LLC ("Weston") borrowed $14,694,599.73 from Sabra Phoenix TRS Venture, LLC ("Sabra Phoenix") in November of 2013. The transaction was documented by a Loan Agreement, Note, and Mortgage. In addition, an Option Agreement was executed the same day between Weston and Sabra Phoenix. The Loan Agreement and related documents — including the Option...
MEMORANDUM DECISION Hon. CATHERINE J. FURAY , U.S. Bankruptcy Judge . This decision addresses the question of whether the debt of the Debtors/Defendants, Paul L. Clements and Tina M. Clements ("Defendants"), for money obtained in violation of state securities laws from the Plaintiffs, C. Brate Bryant, Elizabeth A. Bryant Living Trust, and C. Brate Bryant 1990 Revocable Trust (collectively "Plaintiffs"), is nondischargeable. The adversary complaint alleges that the Defendants' obligation...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . The Debtor, Aaron Holzhueter ("Holzhueter" or "Debtor"), filed a voluntary Chapter 11 Petition on September 12, 2016. He filed an adversary complaint on September 14, 2016, against Defendants David J. and Gale I. Groth, David J. and Judith A. Heinecke, James G. Pritchard, John W. and Patricia Tesch, and Barbara L. Wegner (collectively, the "State Court Plaintiffs") seeking a declaratory judgment that he is not...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . This matter is before the Court on the motion of Plaintiff Peggy A. Berg ("Berg") for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c), made applicable to bankruptcy proceedings through Fed. R. Bankr. P. 7012(b). To decide this motion, the following facts alleged or presented by agreement of the parties are recited. For the reasons set forth below, the Court concludes the Social Security Administration's...
DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . I. Statement of Procedural History On January 29, 2016, Debtors/Defendants Scott G. and Jean M. Pulvermacher (collectively the "Pulvermachers") filed a voluntary Chapter 7 petition. On April 21, 2016, Hellenbrand Glass, LLC ("Hellenbrand") filed a Complaint seeking determination that a debt evidenced by a state court judgment is nondischargeable under 11 U.S.C. 523(a)(4). The Pulvermachers answered the Complaint. The...
DECISION Catherine J. Furay , U.S. Bankruptcy Judge . I. Statement of Procedural History The Debtor, Sondra K. Lisse ("Lisse" or "Debtor"), filed a voluntary Chapter 13 petition on July 23, 2016. On December 30, 2016, Lisse moved under Fed. R. Bankr. P. 9011 and 28 U.S.C. 1927 to impose sanctions against Attorney Kenneth W. Bach ("Bach") for "unreasonably and vexatiously multiplying these proceedings by the conduct" of Select Portfolio Servicing, Inc. ("SPS") ("Sanctions Motion")...
DECISION Catherine J. Furay , U.S. Bankruptcy Judge . Statement of Procedural History The procedural history of this case and the disputes presented are extensive and set the stage for this decision. The Debtor, Sondra Lisse, and her husband, Steven Lisse, are the makers of a note and the mortgagors of a mortgage related to certain real property located in Dane County, Wisconsin. HSBC Bank USA, National Association, for the benefit of ACE Securities Corp. Home Equity Loan Trust, Series...
DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . A relationship — business and romantic — gone wrong led to this adversary proceeding. The Defendant, Bradley A. Windeshausen ("Windeshausen"), filed a voluntary chapter 7 petition on February 28, 2015. The Plaintiff, Katherine Hebl ("Hebl"), filed an adversary complaint on June 2, 2015, alleging an arbitration award of $310,000 is nondischargeable. The arbitration award did not contain any findings of fact or parse out whether...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . The Debtor, Ruth Hinzmann, filed a voluntary Chapter 7 on March 12, 2015. She scheduled her mother, Shirley A. Maiers ("Maiers"), as an unsecured creditor. Maiers did not object to the Debtor's discharge. On June 17, 2015, the Debtor received a discharge. Maiers died on July 20, 2015. The Debtor is a beneficiary of the estate entitled to receive a one-sixth (1/6th) distribution. The Plaintiff, Chapter 7 Trustee Michael Kepler, filed an...
