Lindskog v. M & I Bank FSB (In Re Lindskog)
United States Bankruptcy Court, E.D. Wisconsin
1Opinion of the Court
DECISION
JAMES E. SHAPIRO, Bankruptcy Judge.
This adversary proceeding presents the following question: May a debtor who received a chapter 7 discharge, and later filed a chapter 13 case within four years after the chapter 7 case was filed, avoid a wholly-unsecured junior mortgage lien?
FACTS
On August 16, 2005, Plaintiff, Jeannie M. Lindskog (“Debtor”), executed a second mortgage note and mortgage on her home at 39610 Lake Park Court, Powers Lake, Wisconsin (“Powers Lake real estate”). The mortgage and mortgage note are currently held by Defendant, M & I Bank FSB (“M & I Bank”).
On May 17, 2008,…
2Cases cited12 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In Re JarvisUnited States Bankruptcy Court, C.D. Illinois · 2008
- In Re TranUnited States Bankruptcy Court, N.D. California · 2010
- In Re HillUnited States Bankruptcy Court, S.D. California · 2010
- In the Matter of John Penrod and Alyce J. Penrod, Debtors-Appellees. Appeal of Financial Institutions Liquidation Corporation, Formerly Known as Mutual Guaranty Corporation, Successor in Interest to the Clinton County Farm Bureau Cooperative Association Credit UnionCourt of Appeals for the Seventh Circuit · 1995
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- In Re Scotto-DiclementeUnited States Bankruptcy Court, D. New Jersey · 2011
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