MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Debtors Todd and Jodi Goldbeck ("Defendant" or "Goldbeck" when referring to Todd Goldbeck and "Debtors" when referred to jointly) filed a chapter 7 petition. Summit Credit Union ("Summit") filed this adversary proceeding seeking to declare a judgment against Goldbeck nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(6). Summit moved for summary judgment with supporting affidavits. Defendant opposes...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Debtor Cranberry Growers Cooperative ("CranGrow") filed a chapter 11 petition on September 25, 2017 ("Petition Date"). Maxwell Foods ("Maxwell") filed a Motion to Approve Recoupment or to Exercise Right of Setoff. CranGrow has moved for Summary Judgment on Maxwell's Motion. FACTS On February 24, 2017, CranGrow and Maxwell Foods entered into an agreement for the sale of sweetened and dried cranberries ("Agreement")....
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Defendant Mark Downing filed a voluntary Chapter 7 petition. Plaintiffs filed this adversary asking that a judgment against Defendant be declared nondischargeable under 11 U.S.C. 523(a)(6). Plaintiffs moved for summary judgment and briefing is complete. Defendant shot and killed Plaintiffs' father, Bryan D. Schultz. He was charged with second-degree intentional homicide under Wis. Stat. 940.05(1)(b). He pleaded guilty, was convicted of...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Defendant Heather Modeen ("Defendant" or "Modeen") filed a chapter 7 petition and received a discharge. Plaintiff Gerald Manion ("Plaintiff" or "Manion") filed this adversary proceeding seeking a determination that a student loan is non-dischargeable. STATEMENT OF FACTS Defendant is in her mid-30s, has a daughter, and works full-time as an office manager. She also works a few hours a week at a second job. Pay from...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Debtors Leonard and Jamie Kersten filed a chapter 7 petition. The U.S. Trustee filed a Motion to Dismiss under 11 U.S.C. 707(a) and (b) for Debtors' alleged abuse of the bankruptcy system. Debtors object to the Motion. STATEMENT OF FACTS Debtor Leonard Kersten is a former employee of Kersten Lumber Company, LLC ("KLC"). KLC alleged Mr. Kersten embezzled funds in excess of $1.2 million and it filed an adversary proceeding seeking a...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Neil Hoffman ("Debtor" or "Defendant") filed a chapter 7 petition. Plaintiffs Mark Cama and Stealth Tree Stands, Inc., filed this adversary proceeding seeking a determination of nondischargeability under sections 523(a)(2)(a), (a)(4), and (a)(6), and a denial of discharge under section 727. Defendant filed a Motion to Dismiss on all the counts. A trial is scheduled in this adversary on October 25, 2018. STATEMENT OF FACTS Defendant is...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . On May 18, 2017, Debtor Melissa Arnette filed a voluntary Chapter 7 petition. Debtor owns real estate located at 608 Gilbert Street, Eau Claire, Wisconsin (the "Property"). The Trustee, Christopher Seelen, commenced an adversary proceeding seeking a declaratory judgment that the mortgage of Wells Fargo is void on its face and, further, that the mortgage may be avoided as not properly recorded. The parties agreed there...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Defendant Michael Hall made a living through home construction work. On July 17, 2015, he contracted with Plaintiffs for the refurbishing and remodeling of a property in Osseo, Wisconsin. Plaintiffs paid $25,000 for those renovations. The parties then entered into a second contract for the remodeling of property in Rice Lake, Wisconsin. Plaintiffs paid a down payment of $15,000 to Defendant for that project with the...
MEMORANDUM DECISION CATHERINE J. FURAY , Bankruptcy Judge . Defendant Nelson Rodriguez ("Defendant") filed his chapter 7 petition on March 13, 2017. Belinda Georgeson ("Plaintiff") filed this adversary proceeding on June 9, 2017. Plaintiff seeks to have a debt declared nondischargeable pursuant to section 523(a)(6) for alleged willful and malicious conduct that gave rise to that debt. Defendant is pro se in this matter. FACTS Plaintiff and Defendant began living together sometime in...
MEMORANDUM DECISION CATHERINE J. FURAY , Bankruptcy Judge . Debtors Vincent and Linda Hamilton filed a chapter 7 petition on July 8, 2015. A month later it was converted to a chapter 11. U.S. Bank Trust, N.A., acting as trustee for LSF8 Master Participation Trust ("Plaintiff"), filed this adversary proceeding on February 15, 2017, seeking reformation of its mortgage and a declaratory judgment that its lien is superior to liens and interests held by Park Bank. Plaintiff filed a Motion for...
OPINION WILLIAM V. ALTENBERGER , Bankruptcy Judge . The two issues before the Court involve the interpretation of the Debtor's confirmed modified first amended Chapter 11 plan. (Doc. #660) ( confirmed plan). The matters before the Court which raise the two issues are the motion of certain individual creditors (Individual Creditors) to compel compliance with the confirmed plan and payment of priority claims (motion) and the litigation trustee's (Trustee) objection to the motion (objection)....
