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Citation: 122 B.R. 84 | Docket No.: 3-19-10239
Status: Published | Cited By: 10 Primary Sources | Citing: 11
Summary: 122 B.R. 84 (1990) In re A & H, INC., Debtor. Section 502(e)(1)(B) provides: (e)(1) Notwithstanding subsections (a), (b) and (c) of this section and paragraph (2) of this subsection, the court shall disallow any claim for reimbursement or contribution of an entity that is liable with the debtor on or has secured the claim of a creditor, to the extent that — (B) such claim for reimbursement or contribution is contingent as of the time of allowance or disallowance of such claim for reimbursement o......read more.


Citation: 106 B.R. 983 | Docket No.: 3-14-14418
Status: Published | Cited By: 10 Primary Sources | Citing: 37
Summary: 106 B.R. 983 (1989) In re Vernon G. TAGGATZ, Debtor. ISSUE The question presented by this case is twofold: 1) whether an agreement between the debtor and the Bank to fund the unfunded portion of a promissory note upon fulfillment of conditions precedent constitutes an executory contract under 11 U.S.C. § 365; 2) whether such an agreement between the debtor and the Bank constitutes a contract to make a loan, or extend other debt financing or financial accommodations under 11 U.S.C. § 365(c)(2). S......read more.


Citation: 58 B.R. 503 | Docket No.: 1-16-12642
Status: Published | Cited By: 10 Primary Sources | Citing: 12
Summary: 58 B.R. 503 (1986) In the Matter of Ronald H. LONGUA d/b/a The Plum Tree f/d/b/a Modular Way Filigree, Debtor. The debtor, Ronald Longua, filed a chapter 7 petition on November 16, 1984, and Michael Kepler was appointed trustee. Section 365(d), as amended by the Bankruptcy Amendments and Federal Judgeship Act of 1984, provides in relevant part: (d)(1) In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease of residential real pro......read more.


Citation: 33 B.R. 547 | Docket No.: 3-19-10373
Status: Published | Cited By: 10 Primary Sources | Citing: 6
Summary: 33 B.R. 547 (1983) In the Matter of Carol J. DEITER, Debtor. FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT D. MARTIN, Bankruptcy Judge: The application of Madison Gas and Electric Company ("MG & E") for a declaration that the automatic stay of 11 U.S.C. § 362 is inapplicable to its efforts to disconnect service to the debtor Carol J. Deiter and the debtor's request under 11 U.S.C. § 366(b) *548 for a modification of the amount of security necessary to provide adequate assurance of payment came ......read more.


Citation: 61 B.R. 264 | Docket No.: 3-18-14302
Status: Published | Cited By: 10 Primary Sources | Citing: 20
Summary: 61 B.R. 264 (1986) In the Matter of Edward H. SPOHN, Debtor. On April 24, 1985, the debtor, Edward Spohn ("Spohn"), filed his chapter 13 petition and plan. The bank objected to the plan on the grounds that the real estate to be surrendered under the plan was not worth the fair market value of $92,500.00 which the debtor attributed to it, and that the plan misstated the total amount of the bank's claim. The bank asserts that its total claim as of November 4, 1985, the date the debtor surrendered ......read more.


Citation: 453 B.R. 914 | Docket No.: 3-18-13618
Status: Published | Cited By: 10 Primary Sources | Citing: 21
Summary: 453 B.R. 914 (2011) In re Dennis E. ERB and Erin R. Erb, Debtors. Dealer Services Corporation, Plaintiff, v. Dennis E. Erb, d/b/a Glendale Motorsports, Defendant. Dennis and Erin Erb filed for bankruptcy relief under chapter 7 on April 20, 2010. On July 21, 2010, Dealer Services Corporation ("DSC") commenced this adversary action against Dennis Erb d/b/a Glendale Motorsports, LLC ("Defendant") to determine the nondischargeability of its claim. Specifically, DSC argues that the Agreement created ......read more.


Citation: 18 B.R. 320 | Docket No.: 3-13-16020
Status: Published | Cited By: 10 Primary Sources | Citing: 10
Summary: 18 B.R. 320 (1982) In the Matter of Carl J. BESSEL, Linda Bessel, d/b/a Carl J. Bessel (farm), Carl's Auto & Tractor Repair, Carl J. Bessel & Son, Debtors. On July 21, 1981, Carl J. Bessel and Linda Bessel filed a petition in bankruptcy under chapter 7 and William Rameker was appointed interim trustee. In the report, Rameker disallowed the homestead exemption claimed by Carl J. Bessel for the "Sigal property" on the grounds that it was no longer homestead property. In her original exemption sche......read more.


Citation: 1 B.R. 69 | Docket No.: 1-19-10259
Status: Published | Cited By: 10 Primary Sources | Citing: 6
Summary: 1 B.R. 69 (1979) In the Matter of HOUGH MANUFACTURING CORPORATION, Debtor. Donald W. HELGESEN, Plaintiff, v. HOUGH MANUFACTURING CORPORATION, and Super Steel Products Corporation, Defendants. This is an action by a landlord, Donald W. Helgesen, to terminate leases ("the leases") to Hough Manufacturing Corporation, a Chapter XI debtor, and to recover possession of the premises from Hough and its alleged sublessee, Super Steel Products Corporation, on the basis of a "bankruptcy clause" or "ipso fa......read more.


Citation: 449 B.R. 359 | Docket No.: 3-18-13660
Status: Published | Cited By: 10 Primary Sources | Citing: 7
Summary: 449 B.R. 359 (2011) In re Gregory A. VANDERHEI, Debtor. The wife's interest in both items becomes part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2), which provides that the estate includes "[a]ll interests of a debtor and the debtor's spouse in community property as of the commencement of a case." The court concluded: Since the debtor has an undivided interest in an asset that cannot readily be partitioned, the rational way to reconcile [the federal homestead exemption and Wisconsi......read more.


Citation: 80 B.R. 119 | Docket No.: 3-18-13952
Status: Published | Cited By: 10 Primary Sources | Citing: 6
Summary: 80 B.R. 119 (1986) In re Marie ERICKSON, Debtor. The debtor, by Terrence J. Byrne, has made an application to avoid liens on certain property pursuant to 11 U.S.C. § 522(b)(2) and Wisconsin Statute § 815.18(6). The debtor maintains that the haybine and baler are the technological successors to the mower and hay loader, respectively, and as such are exempt property.


Citation: 20 B.R. 938 | Docket No.: 3-19-10527
Status: Published | Cited By: 10 Primary Sources | Citing: 4
Summary: 20 B.R. 938 (1982) In the Matter of Allen R. HOWE, Debtor. On December 3, 1981, debtor Allen R. Howe filed a petition in bankruptcy under chapter 13. Howe listed in his schedule of exempt property a house and land located in Lake Mills, Wisconsin, claimed as a homestead pursuant to Wis.Stat. A note, dated December 14, 1979, executed by Allen R. Howe Construction, Inc. ("the corporation") and personally guaranteed by Howe in the principal amount of $98,000.00. On April 8, 1980, Howe executed and ......read more.


Citation: 138 B.R. 56 | Docket No.: 1-19-00009
Status: Published | Cited By: 10 Primary Sources | Citing: 11
Summary: 138 B.R. 56 (1991) In re Arthur L. and Gloria R. BURGESS, Debtors. I. Arthur L. and Gloria R. Burgess own a house in Beloit, Wisconsin, which is subject to a real estate mortgage securing a debt to Mortgage Default Services ("MDS"). Because the total allowed claims against the bankruptcy estate now substantially exceed the amount of debt scheduled by the debtors, the court must reconsider the confirmation of the debtors' plan.


Citation: 51 B.R. 355 | Docket No.: 1-17-10897
Status: Published | Cited By: 10 Primary Sources | Citing: 25
Summary: 51 B.R. 355 (1985) In the Matter of REPUBLIC OIL CORPORATION, Debtor. Republic Oil Corporation ("Republic") leased land located in Kentucky from Ben and Katherine Brown ("the Browns"), to drill for oil. 28 U.S.C. § 1334(c)(2) provides; Upon timely motion of a party in a proceeding based upon a State law claim or State law cause of action, related to a case under title 11 but not arising under title 11 or arising in a case under title 11, with respect to which an action could not have been commen......read more.


Citation: 378 B.R. 575 | Docket No.: 3-16-12168
Status: Published | Cited By: 9 Primary Sources | Citing: 68
Summary: 378 B.R. 575 (2007) In re Robert Bahram JAFARI and Poopak Amanda Jafari, Debtors. October 16, 2007. *576 *577 Leonard Leverson, Leverson & Metz S.C., Milwaukee, WI, for Debtors. Roy L. Prange, Jr., Quarles & Brady LLP, Madison, WI, Robert G. Aisenstein, Law Offices of Robert G. Aisenstein, Henderson, NV, Lawrence J. Glusman, Friebert, Finerty & St. John, S.C., Milwaukee, WI, for Creditors. See Chevy Chase Bank, FSB v. Briese (In re Briese), 196 B.R. 440 (Bankr.W.D.Wis. Both the debtor and the Ch......read more.


Citation: 393 B.R. 655 | Docket No.: 3-19-10541
Status: Published | Cited By: 6 Primary Sources | Citing: 8
Summary: 393 B.R. 655 (2008) In re Richard SHAFER and Nancy Webb, Debtors. The married debtors first filed a voluntary chapter 13 petition and plan on May 31, 2007. The issue of the debtors' good faith was taken under advisement. Creditors Louise Katz and Heartsprings, Inc. and the trustee object to the debtors' expenses of $8,220, including a $3,721/month mortgage, $275 for "repairs," $960 for food, $240 for clothing, and $600 for transportation. Ms. Katz and Heartsprings also object to the debtors' exp......read more.


Citation: 273 B.R. 573 | Docket No.: 3-18-14214
Status: Published | Cited By: 10 Primary Sources | Citing: 13
Summary: 273 B.R. 573 (2000) Jacqueline D. WITT, Debtor. The Supreme Court held that the trustee could not object to the validity of the debtor's claimed exemptions; that, in effect, the debtor was entitled to the exemptions by default because of the operation of Section 522(l) and Rule 4003(b). Section 522(g) provides that: Notwithstanding sections 550 and 551 of this title, the debtor may exempt under subsection (b) of this section property that the trustee recovers under section 510(c)(2), 542, 543, 5......read more.


Citation: 36 B.R. 292 | Docket No.: 1-19-10474
Status: Published | Cited By: 10 Primary Sources | Citing: 6
Summary: 36 B.R. 292 (1984) In the Matter of CHICAGO, MADISON & NORTHERN RAILWAY COMPANY, Debtor. Patricia M. Gibeault, Brynelson, Herrick, Gehl & Bucaida, Madison, Wis., for debtor, Chicago, Madison & Northern Ry. The present dispute comes to the court on cross motions for summary judgment on questions relating to the ownership of, and security interests in, certain railroad ties which came into the debtor's possession prior to the filing of its chapter 11 case. The Wisconsin Department of Transportatio......read more.


Citation: 51 B.R. 623 | Docket No.: 1-19-10453
Status: Published | Cited By: 10 Primary Sources | Citing: 15
Summary: 51 B.R. 623 (1984) In re TELEMARK MANAGEMENT COMPANY, INC., The Telemark Company, Inc., Telemark Land Company, Inc., Historyland, Incorporated, Thaw, Inc., Wisconsin Corporations, d/b/a Telemark Enterprises, Debtors. Telemark Lodge Owners Association (TLOA), by Adler & LaFave, having filed a Motion to Vacate; and Trustee Lawrence J. Kaiser, by Robins, Zelle, Larson & Kaplan, having filed a Motion for Order for Extension *624 and a Motion for Order Sanctioning; and a hearing having been held; and......read more.


Citation: 20 B.R. 469 | Docket No.: 1-19-10447
Status: Published | Cited By: 10 Primary Sources | Citing: 10
Summary: 20 B.R. 469 (1982) In the Matter of Peter J. HAYES, Jr., Debtor. In 1980 debtor Peter J. Hayes and claimant Kenneth Cummings, entered into an oral agreement to farm jointly. Under the agreement, Hayes was to move his herd of approximately 60 cows onto Cummings' farm, where they were to be cared for with Cummings' herd of 40 cows. At that time, Production Credit Association of Madison (PCA) held a security interest in the Hayes cattle and in his portion of the milk check. Cummings, Hayes and PCA,......read more.


Citation: 92 B.R. 816 | Docket No.: 3-18-13921
Status: Published | Cited By: 10 Primary Sources | Citing: 31
Summary: 92 B.R. 816 (1988) In the Matter of Joseph M. WEIS, Debtor. On April 16, 1985, Joseph M. Weis filed a chapter 11 petition. Mr. Weis operated his business as debtor in possession ("D.I.P.") from that date until April 12, 1988, when he voluntarily converted the case to chapter 7. Postconversion, on June 24, 1988, the chapter 7 trustee commenced this adversary proceeding against the debtor's wife to recover as either a preference or as a fraudulent conveyence the value of the prepetition transfer o......read more.