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Judge Thomas M. Lynch - Opinions

Description Date Issued
Michael Draka v. Joshua J. Andrea (In re Andrea)

18-80357, 18-96014
Judgment entered in favor of Debtor on objection to discharge under § 523(a)(6) after finding that Plaintiff did not meet his burden of proving that the Debtor was liable for a debt for willful and malicious injury arising out of a motorcycle accident.

08/06/2019
In re Thomas G. Gialamas

18-13341 (Western District of Wisconsin)
Debtor’s opposed first motion under section 1121 to extend the exclusivity periods to file and obtain acceptance of a chapter 11 plan of reorganization granted based in part on pending cross-motions for summary judgment in a preference action asserted to be fundamental to the Debtor’s formulation of a plan. Rejecting suggestion that litigation must be resolved before a plan can be proposed or creditors provided adequate information to decide whether to accept or reject it, here the litigation may have a drastic impact on assets available to fund reorganization and on the allocation of payments to creditors. Finding further that objector failed to show that the extension request was made for dilatory purposes or to obtain undue leverage or that creditors’ interests are not adequately protected.

06/27/2019
Jerome Maurice Davis v. CitiMortgage, Inc. (In re Davis)

11-81785, 14-96129
The court relinquished jurisdiction and dismissed without prejudice the Debtor’s adversary complaint challenging the validity of CitiMortgage, Inc.’s asserted lien in the Debtor’s residence. Because the bankruptcy case had closed, the plan had completed, and the residence was not property of the estate, the court determined that all that remained was a two-party dispute under state law which did not implicate bankruptcy rights.

05/10/2019
In re Brian and Jodi Colberg and Colberg Trucking, LLC (case 18-81064)

18-81032
Final applications for approval of fees and expenses of Debtors’ counsel granted in part and denied in part. Based on objections by the Chapter 12 Trustee, the court disallowed certain entries due to excessive time billed, duplication of services, unnecessary proceedings, and travel time billed at full hourly rate.

02/27/2019
In re Xhevdet and Fize Rushani

15-82590
USDA’s motion in chapter 13 case for relief from the automatic stay to pursue a foreclosure against Debtors’ residence granted after finding that Debtors were in default on the terms of the confirmed plan without justification or a request for modification and the determination of whether the original loan agreement was modified or novated by a subsequent assistance agreement was best left to the state court.

02/15/2019
Michael Draka v. Joshua J. Andrea (In re Andrea)

18-80357, 18-96014
Plaintiff’s motion for summary judgment on determination of nondischargeability under § 523(a)(6) was denied after finding default judgment in state court not entitled to collateral estoppel.

02/01/2019
Jerome Davis v. CitiMortgage, Inc. (In re Jerome Maurice Davis)

11-81785, 14-96129

09/18/2018
In re Plichta

17-82147
Creditor’s motion to dismiss case under 11 U.S.C. § 707(b)(1), (2) and (3) denied.

09/05/2018
In re Gary A. DeKroon

17-82800

07/19/2018
In re Hamm

17-81489
The Court sustained the Chapter 7 Trustee’s objection to the Debtor’s claimed exemption of an inherited retirement account because the account did not qualify for the Illinois exemption for retirement plans.

07/09/2018
In re Miceli

17-82877
The Court sustained Associated Bank’s objection to confirmation of the Debtor’s proposed plan because the plan did not comply with the “equal monthly amounts” provision of 11 U.S.C. § 1325(a)(5)(B)(iii)(I).

07/09/2018
In re Rusty L. Packer and Kristi Jo Packer

17 B 81746
Creditor’s Motion to Convert Debtors’ Chapter 12 to Chapter 7 is denied for failure to demonstrate fraud in connection with this case as required under §1208(d).

06/19/2018
Joseph Olsen v. Sara Ruvalcaba (In re Ruvalcaba)

16-82572, 16-96071
Summary judgment granted in favor of the Chapter 7 Trustee in action to avoid pre-petition transfer of commercial property pursuant to 11 U.S.C. §§ 544(b), 550(a), and 740 Ill. Comp. Stat. 160/1, et seq.

05/17/2018
In re Robert R. LaPorta

17 B 82300

12/05/2017
Better Hearing, LLC v. James E. Hovis (In re Hearing Help Express, Inc.)

14 B 82161, 16 A 96043

09/29/2017
Patrick S. Layng v. Enrique Jaime (In re Enrique Jaime)

14 B 84356,  16 A 96048

09/01/2017
In re Lester D. Scott and Rosiland R. Scott

14 B 81270

08/31/2017
In re Enrique Jaime

14 B 83456

06/19/2017
Wanda J. Argyle v. Carol Ann Harkin (In Carol Ann Harkin)

16 B 80220, 16 A 96028

03/31/2017
In re Moy

12bk81963

01/13/2017

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