09-12428-13 In re Wirth
Bankruptcy Chapter 13; length of plan A bankruptcy court cannot confirm a plan proposed by above-median income debtors that lasts for less than 60 months, even if it offers creditors as much money as the chapter 13 means test would require be paid over that time period. “The statute says that the plan may be […]
08-4288 Redmond v. Fifth Third Bank
Bankruptcy Motions to reopen It was not an abuse of discretion for a bankruptcy court to refuse to reopen a case four years after it closed. “As the bankruptcy court noted here, Redmond’s delay ‘dwarfs’ the two-year delay in Bianucci. Redmond received the payoff letters at the root of this dispute in 1998, and he […]
10-C-574 Palmer v. Bank of the West
Bankruptcy Automatic stay; small business cases Where a small business debtor’s first bankruptcy was dismissed within two years, it is not entitled to an automatic stay when it files a second case. “On appeal, Palmer argues that she can meet the requirements of §362(n)(2)(B)(i) if she demonstrates that the filing of the petition in her […]
08-4118 & 08-4310 In re: Resource Technology Corp.
Bankruptcy Reassignment of contracts Where it would require $3 million to perform a contract, and the proposed assignee only had $1,000 in assets, the bankruptcy court properly refused to permit assignment of the contract to that party. “The bankruptcy judge also doubted that Chiplease or Scattered had the financial wherewithal to lend the Investment Trust […]
09-37695 In re: Reimann
Bankruptcy Automatic stay A prisoner’s filing for bankruptcy does not stay the prison from recovering restitution from him for costs associated with his violation of prison rules. “I am satisfied the assessment made against the debtor in this case is a continuation of his criminal conviction, even though the penalty has nothing to do with […]
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- Lavinia Goodell 150th Anniversary commemoration to be held June 17
- WisGOP reacts to vice president’s Wisconsin visit
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