MEMORANDUM DECISION ON THE COMMITTEE'S MOTION FOR STANDING ON FRAUDULENT TRANSFER CLAIMS SUSAN V. KELLEY, Bankruptcy Judge. Introduction and Background The Archdiocese of Milwaukee (the "Debtor") filed a voluntary petition under Chapter 11 of the Bankruptcy Code on January 4, 2011. The statute of limitations for pursuing avoidance claims, such as preferences and fraudulent transfers, will expire on January 4, 2013. See 11 U.S.C. 546(a). On May 25, 2012, the Official Committee of...
MEMORANDUM DECISION ON THE COMMITTEE'S MOTION FOR STANDING ON ALTER EGO AND SUBSTANTIVE CONSOLIDATION CLAIMS SUSAN V. KELLEY, Bankruptcy Judge. On October 25, 2012, the Official Committee of Unsecured Creditors (the "Committee") filed a Motion to authorize the Committee to assert, litigate, and settle an Adversary Proceeding for a Declaratory Judgment that the Parishes within the Archdiocese of Milwaukee (the "Debtor") are alter egos of the Debtor and/or for substantive consolidation of the...
MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. On March 10, 2010, Powers Lake Construction Co. (the "Debtor") filed a petition under Chapter 11 of the Bankruptcy Code. The Chapter 11 reorganization did not succeed, and on December 16, 2010, the Debtor's case was converted to Chapter 7. Steven McDonald is the duly appointed and acting Chapter 7 Trustee. On March 9, 2012, the Trustee filed this adversary proceeding against Little Limestone, Inc....
MEMORANDUM DECISION ON THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. Kevin and Margaret Gerard filed this adversary proceeding contending that a state court judgment in their favor against Kevin's brother, Michael Gerard, is not dischargeable in Michael's bankruptcy. Kevin and Margaret filed a Motion for Summary Judgment that Michael opposed. After briefing and oral argument, the Court issues this Memorandum Decision. Facts This dispute involves a parcel of...
MEMORANDUM DECISION ON THE DEBTOR'S MOTION TO REINSTATE SUSAN V. KELLEY, Bankruptcy Judge. Melissa Dorff (the "Debtor") filed a Motion to reinstate her Chapter 7 case. The case was dismissed when the Debtor failed to pay the filing fee. On July 19, 2012, the Debtor, who is represented by counsel, filed her bankruptcy petition and an Application to pay the $306 filing fee in three equal monthly installments. On July 20, 2012, the Court entered an Order approving this request, and the first...
DECISION JAMES E. SHAPIRO, Bankruptcy Judge. This adversary proceeding was commenced by the debtor, Lee Steven Dagostini, against defendant, Wisconsin Department of Revenue ("Department"), seeking a determination that his tax debt owed to the Department was discharged by virtue of the chapter 7 discharge issued to him on December 23, 2009. The Department answered, asserting that the tax debt was excepted from discharge pursuant to 11 U.S.C. 523(a)(1)(C). This adversary proceeding came on...
DECISION JAMES E. SHAPIRO, Bankruptcy Judge. In this adversary proceeding, Scott Vieth ("plaintiff) seeks a determination that his claim in the amount of $124,200 against debtors, Nicholas and Amy Williams ("defendants") is nondischargeable pursuant to 523(a)(6) of the Bankruptcy Code. 1 This is a core proceeding under 28 U.S.C. 157(b)(2)(I), and this court has jurisdiction under 28 U.S.C. 1334. Factual Background In 2006, the defendants, as sole members, formed a Wisconsin...
MEMORANDUM DECISION ON NORTH SHORE BANK'S OBJECTION TO CONFIRMATION SUSAN V. KELLEY, Bankruptcy Judge. The issue in this case is whether John Tekavec (the "Debtor") can use the Bankruptcy Code exception for short-term mortgages to cram down the second mortgage claim on his personal residence. 1 The facts are simple and undisputed. On March 15, 2006, the Debtor and North Shore Bank (the "Bank") entered into a Home Equity Line of Credit Consumer Open-End Agreement (the "Agreement"), under...
MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OBJECTION TO CONFIRMATION OF PLAN MARGARET DEE McGARITY, Bankruptcy Judge. This matter came before the Court on the plaintiff Great Lakes Agri-Services, LLC's motion for summary judgment seeking an order requiring the marshaling of assets, namely by requiring the State Bank of Newburg to liquidate the real property mortgaged by the non-debtors, Kenneth and Janet Enright, prior to executing on the real property mortgaged by the...
MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. In this action, Ashley Moss (the "Debtor") seeks damages for alleged violations of the automatic stay and anti-discrimination provisions of the Bankruptcy Code by Sallie Mae, Inc. ("Sallie Mae"), arising out of Sallie Mae's refusal to issue a student loan to the Debtor. Sallie Mae filed an Answer and Motion for Summary Judgment. The Debtor filed a Response, and Sallie Mae filed a Reply. After consideration...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SUSAN V. KELLEY, Bankruptcy Judge. This is an important case involving allegations that a healthcare provider violated its patients' privacy rights by filing copies of confidential medical bills in the public bankruptcy docket. On June 10, 2010, this Court granted summary judgment to the healthcare provider, and a direct appeal to the Seventh Circuit followed. After briefing and argument, all...
MEMORANDUM DECISION ON UNITED STATES TRUSTEE'S MOTION TO DISMISS MARGARET DEE McGARITY, Bankruptcy Judge. This matter came before the Court upon the United State Trustee's motion to dismiss pursuant to 11 U.S.C. 707(b)(1), based on 11 U.S.C. 707(b)(2) and (3). The debtors opposed the motion on the ground Official Form 22A, Chapter 7 Statement of Current Monthly Income and Means Test Calculation, violates their constitutional right to religion and religious belief. Both parties submitted...
MEMORANDUM DECISION ON DEBTOR'S OBJECTIONS TO CLAIMS 76 and 77 FILED BY CLAIMANTS A-12 AND A-13 SUSAN V. KELLEY, Bankruptcy Judge. The Archdiocese of Milwaukee (the "Debtor") objected to Proofs of Claim number 76, 77, and 131 (the "Claims") filed by three individuals who will be referred to in this decision as Claimants A-12, A-13, and A-49. 1 The Debtor moved for summary judgment, arguing that the Claims should be disallowed as time-barred under Wisconsin's statute of limitations. The...
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT MARGARET DEE McGARITY, Bankruptcy Judge. The plaintiff, Larry Liebzeit, Chapter 7 Trustee, filed an adversary proceeding under 11 U.S.C. 362 and 544 seeking a determination that the defendant, FVTS Acquisition Company, Inc., formerly known as Fox Valley Truck, 1 willfully violated the automatic stay and the resultant postpetition transfer of the debtor's asset is avoidable. Both the plaintiff and the defendant moved for summary judgment....
