IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ELIZABETH ALLISON VELA,
CASE NO. 05-51081-RLJ-13
MEMORANDUM OPINION AND ORDER
The Court considers the objection of Elizabeth Vela, the debtor, to the claim of M&I
Bank. Hearing on the objection was held February 22, 2006. The Court has jurisdiction over this
matter under 28 U.S.C. § 1334(b). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2).
This Memorandum Opinion contains the Court’s findings of fact and conclusions of law.
Bankruptcy Rule 7052.
Statement of Facts
On November 13, 2001, Ronald Stambek, Elizabeth Vela’s former husband, entered into
an installment contract and security agreement under which he purchased a 2000 Ford F150
U.S. BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
TAWANA C. MARSHALL, CLERK
THE DATE OF ENTRY IS
ON THE COURT'S DOCKET
The following constitutes the order of the Court.
Signed March 24, 2006
United States Bankruptcy Judge
1The Court assumes that M&I Dealer Finance, Inc. is the same as M&I Bank, the party that filed the proof
of claim objected to in this matter. No issue has been raised concerning M&I Bank’s identity.
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pickup (the “Pickup”) from Link Bros. Motor, Inc., the seller. The seller assigned the contract to
M&I Dealer Finance, Inc.1 M&I Dealer Finance, Inc. retained a security interest in the Pickup
with the lien recorded at the Wisconsin Department of Transportation. At the time of the
purchase, Vela and Stambek were living in Wisconsin; the sale took place in Rice Lake,
Wisconsin. Vela did not sign the contract and was not reflected as buyer of the Pickup. The
contract specifically states that Ronald Stambek is married to Elizabeth A. Stambek, that he is a
married Wisconsin resident, and that the obligation evidenced by the contract is “being incurred in
the interest of my marriage or family.”
Vela and Stambek divorced in February of 2003. They apparently had moved to Arizona
as the divorce proceedi