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ABI Journal

Wisconsin

Judge Furay Sides with the Minority on Stay Termination After a Repeat Filing

Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.

A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says

To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.

A Vote for a Plan After the Deadline Won’t Be Counted, Judge Blise Says

Because ‘excusable neglect’ won’t allow a late vote to be counted, counsel must solicit votes on a plan before the voting deadline.

When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate

Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.

Chapter 13 Debtor Can’t Sue to Avoid an Unperfected Mortgage, District Judge Says

Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.

Plans Longer than 5 Years Can’t Be Amended Now Because Section 1329(d) Has Expired

A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.

Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”