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2009AP1007 BNP Paribas v. Olsen’s Mill, Inc.
Debtor-Creditor Secured interests; receivership
10-3597 & 10-3598 In the Matter of: River Road Hotel Partners, LLC
Bankruptcy Cramdowns
10-C-0863 Estate of Sustache v. Mathews
Bankruptcy Dischargeability; willful and malicious acts
10-15990-7 In re Martinsen
Bankruptcy Adversary petitions; timeliness A creditor’s adversary petition filed after the deadline must be dismissed even though the trustee obtained an extension, and initially sought an extension for all interested parties. “Perhaps it is theoretically possible for a creditor to rest upon the assurance that another party’s request will also inure to its benefit, and […]
10-16201-7 In re Griffith
Bankruptcy Exemptions; marital property Where assets classified as marital property are not fungible or easily divisible by nature, the debtor’s interest in the entire property justifies her ability to claim an exemption in the entire equity, up to the dollar limit of the exemption. “While it is true that cases involving non-filing spouses are often […]
10-14944-7 In re Vanderhei
Bankruptcy Exemptions; marital property Where assets classified as marital property are not fungible or easily divisible by nature, the debtor’s interest in the entire property justifies his ability to claim an exemption in the entire equity, up to the dollar limit of the exemption. “While it is true that cases involving non-filing spouses are often […]
10-14488-7 In re Halling
Bankruptcy Preferential transfers Where the debtor’s son was a guarantor of a loan, all payments made by the debtor to the creditor are preferential transfers, and the amount of the payments can be recovered from the son. “The Court recognizes that Mr. Halling was attempting to do the ‘right’ thing by helping his mother. But […]
2010AP1807 Condor Capital Corporation v. Lansing
Debtor-Creditor Replevin; notice; venue Robert Lansing appeals an order denying his motion to reopen a replevin judgment. He argues that the judgment is void for two reasons: (1) Condor Capital Corporation failed to provide all of the notices listed in Wis. Stat. § 425.205(1g)(a) (2009-10); and (2) the action was not properly venued in Shawano […]
10-C-1128 In re Fair
Bankruptcy Unsecured liens; strip-off A wholly unsecured junior lien on the principal residence of a debtor can be stripped-off in chapter 13 despite the operation of 11 U.S.C. 1328(f)(1). “Many of the cases which refuse to allow lien stripping in the absence of a discharge focus on § 1325(a)(5), but this section does not apply […]
10-11874 In re Peterson
Bankruptcy Issue preclusion Issue preclusion does not bar a bankrupt gambler from contesting the dischargeability of a Nevada casino’s default judgment. “Peterson never litigated the issue of fraud. Peterson stopped pursuing his case on, or shortly after, May 11, 2009. On May 21, 2009, Caesars filed an amended counterclaim alleging fraud. Before that date, Caesars […]
10-12596 In re Horsfall
Bankruptcy Nondischargeability; issue preclusion A grant of summary judgment in state court on a tortious interference with contract claim does not preclude the defendant from discharging the debt in bankruptcy. “First Weber faced a lower burden of proof in the state court than it has now. All First Weber did in state court was prove […]
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- Wisconsin attorney loses law license, ordered to pay $16K fine
- Former Wisconsin police officer charged with 5 bestiality felony counts
- Judge reject’s Trump’s bid for a new trial in $83.3 million E. Jean Carroll defamation case
- Dozens of deaths reveal risks of injecting sedatives into people restrained by police
- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
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