Kepler v. Koch (In re Kirchner)

MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ROBERT D. MARTIN, Bankruptcy Judge.

I. BACKGROUND

The defendants are siblings of chapter 7 debtor Bradley Kirchner. In 1998, Bradley “bought” his (and the defendants’) parents’ house at a foreclosure sale. At the time, the parents, Alan and Sandra Kirchner, were debtors in a chapter 13 case in this Court. They provided funds from their retirement accounts — exempt from attachment under Wisconsin law — to repurchase their home at the sale, but did so in Bradley’s name. They were purportedly concerned that the foreclosed mortgage…