Margaret Dee McGarity
How Judge McGarity rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge McGarity no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge McGarity
Margaret Dee McGarity served as a U.S. bankruptcy judge for the Eastern District of Wisconsin from 1987 until her retirement in 2016. Her decisions are included in the court’s historical opinion archive.
How Judge McGarity decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In re Christina and Bernard Uhlig, she held that increasing cash value in the debtors' whole-life insurance was not additional disposable income because they had committed the amount required by the projected-disposable-income test.
“debtors need not commit any more funds to payment of unsecured creditors than those required by the ‘projected disposable income’ test”
Procedural preferences
The court treated a debtor’s state of mind in fiduciary-breach litigation as a fact-intensive question poorly suited to summary judgment.
“Because this type of determination is ill-suited for summary judgment, the plaintiffs’ motions are denied for this reason, as well.”
Cautions
Silence can constitute a willful misrepresentation when the debtor knowingly conceals a material fact that enabled the transaction.
“Ms. Benton’s calculated concealment of such information constitutes a willful misrepresentation under 11 U.S.C. § 523(a)(2)(A).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the debt owed by Ms. Benton to Kaufmann is found to be excepted from discharge under 11 U.S.C. § 523(a)(2)(A)”
“A separate order denying both parties’s motions for summary judgment will be entered”
“the debtor’s objection to the claim of Attorney Julie M. Gay is overruled”
“the debtor’s objection to the City’s motion to dismiss is sustained”
“material facts remain in dispute, precluding the entry of summary judgment”
“the motion for relief from the automatic stay is granted”
“The creditor’s motion to dismiss or, in the alternative, to bifurcate the case is denied.”
“the motion for relief from the automatic stay was denied, without prejudice”
The court resolved legal issues concerning a shortened plan term but required further evidence before deciding whether the proposed modification was confirmable.
“Thus, the complaint has stated a claim against E-Finance.”
“The complaint states a claim against Joshua Mitchem.”
“The motion of E-Finance for summary judgment is denied.”
“the trustee’s objection to confirmation is overruled”
“MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ... Therefore, the state court findings are entitled to preclusive effect, and the plaintiff is granted partial summary judgment. The debt owed by the debtors to the plaintiff is excepted from discharge under 11 U.S.C. §§ 523(a)(4) and 1328(a)(2).”
Caseload & timing
From public federal docket records for this judge.
All ten analyzed matters were terminated and their usable entry streams were empty. One additional candidate was rejected because its entry stream belonged outside the case lifespan.
A historical record
Judge McGarity no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.