Legal Opinion

Waldschmidt v. Park Bank (In Re Rude)

United States Bankruptcy Court, E.D. Wisconsin

Decided December 10, 1990No. 19-20855PublishedCited by 7 opinions

1Opinion of the Court

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

The cross motions for summary judgment require this court to decide when Park Bank’s claim against the debtor, arising out of a guaranty of a $168,000 loan, became secured by a mortgage on certain real estate owned by the debtor. If Park Bank’s claim obtained secured status on June 12, 1989, when the debtor executed a consolidated note to Park Bank, the transaction is a preferential transfer causing Park Bank’s claim arising out of the $168,-000 loan to be unsecured. An agreed statement of facts and briefs have been submitted. The parties have agreed…

2Cases cited15 opinions

  1. In RE MARRIAGE OF LEVY v. LevyWisconsin Supreme Court · 1986
  2. M & I Bank v. First American National BankWisconsin Supreme Court · 1977
  3. Capocasa v. First National Bank of Stevens PointWisconsin Supreme Court · 1967
  4. Vogel v. Russell Transfer, Inc.Court of Appeals for the Fourth Circuit · 1988
  5. Rafoth v. First National Bank of Barnesville (In Re Baker & Getty Financial Services, Inc.)United States Bankruptcy Court, N.D. Ohio · 1989

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3Cited by7 opinions

  1. Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
  2. In re Badger Lines, Inc.Court of Appeals for the Seventh Circuit · 1998
  3. In Re Badger Lines, Inc.United States Bankruptcy Court, E.D. Wisconsin · 1996
  4. In Re Badger Lines, Inc.District Court, E.D. Wisconsin · 1997
  5. Mellon Bank, N.A., in No. 91-3160 v. Metro Communications, Inc. T/a Metrosports, Debtor-In-Possession, and the Pacific 10 Conference v. The Committee of Unsecured Creditors, Intervenor in District Court, Grant Street National Bank (In Liquidation), in No. 91-3105Court of Appeals for the Third Circuit · 1991

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