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Case Digests

Bankruptcy – Safe Harbor

To maximize the funds available for, and ensure equity in, the distribution to creditors in a bankruptcy proceeding, the Bankruptcy Code gives a trustee the power to invalidate a limited category of transfers by the debtor or transfers of an interest of the debtor in property.

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Statutory Authority – Petitions for Election

This is a review of a published decision of the court of appeals, Wis. Ass'n of State Prosecutors v. Wis. Emp't Relations Comm'n, 2016 WI App 85, 372 Wis. 2d 347, 888 N.W.2d 237, [hereinafter "WASP"], affirming the Milwaukee County circuit court's1 declaration that the Wisconsin Employment Relations Commission ("WERC") exceeded its authority under Wis. Stat. ch. 111 (2013-14)2 in promulgating Wis. Admin. Code chs. ERC 70 and 80, and the circuit court's subsequent order that WERC hold certification elections for the Wisconsin Association of State Prosecutors ("WASP") and the Service Employees International Union, Local 150 ("SEIU").

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Statutory Interpretation – Supervised Release

Robert Larson appeals an order that denied his motion to enforce a stipulation in which the State agreed not to oppose Larson’s petition for supervised release from a WIS. STAT. ch. 980 commitment in exchange for Larson’s agreement not to file a petition for discharge until after having completed 24 months of uninterrupted supervised release in the community.

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Foreclosure – Untimely Filing

This appeal arises from a consolidated case consisting of two actions: (1) a foreclosure action brought by Wells Fargo Bank, N.A., against Amin Shaikh and Naheed Shaikh; and (2) a declaratory judgment action brought by the Shaikhs against Wells Fargo asserting that Wells Fargo lacked the right to enforce the note and mortgage at issue in the foreclosure action.

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Trusts & Estates – Distribution of Trust Assets

David Oberhofer, Andrew Oberhofer, Kurt Oberhofer, and Michael Oberhofer (collectively “the Oberhofer sons”) appeal from an order of the trial court directing the distribution of trust assets to the estate of their mother, Hallie Oberhofer; the trial court had granted a motion for distribution made by their father, Vincent Oberhofer, as personal representative for the estate.

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