Phifer v. City of Milwaukee (In re Phifer)

MEMORANDUM DECISION

Susan Y. Kelley, Chief U.S. Bankruptcy Judge

Essie Phifer filed a complaint accusing the City of Milwaukee of violating the *289discharge injunction issued in her Chapter 13 bankruptcy case. The City moved to dismiss the complaint for failing to state a claim upon which relief can be granted. The parties have briefed the issue of whether the City’s attempt to foreclose on the Debtor’s home for pre-petition tax liabilities violated the discharge.

FACTS

The facts are not disputed. The Debtor and her spouse filed a Chapter 13 case on September 23, 2009.1 The City filed a proof of…