Legal Opinion
Stanfield v. First Midwest Bank (In Re Stanfield)
United States Bankruptcy Court, E.D. Wisconsin
Decided June 4, 2009No. 16-02154Published
1Opinion of the Court
DECISION
JAMES E. SHAPIRO, Bankruptcy Judge.
The issue presented is whether First Midwest Bank (“Bank”) is the holder of a valid mortgage on the debtors’ homestead at 3412 176th Avenue, Kenosha, Wisconsin (“176th Avenue property”).
Daniel K. Stanfield and Sharon E. Stan-field 1 filed a petition in bankruptcy under chapter 13 on March 27, 2007.
On July 7, 2008, the debtors commenced this adversary proceeding against the Bank seeking a determination that the Bank’s mortgage is void because Daniel did not sign a mortgage on the 176th Avenue property, which was used as collateral for a business loan.…
2Cases cited6 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- In Re Kay Lorraine Lewis, Debtor. Superior Bank, Fsb v. James W. Boyd, Chapter 7 Bankruptcy TrusteeCourt of Appeals for the Sixth Circuit · 2005
- Glinski v. SheldonWisconsin Supreme Court · 1979
- Conner v. WelchWisconsin Supreme Court · 1881
- State Bank of Drummond v. ChristophersenWisconsin Supreme Court · 1980
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