Legal Opinion
In Re Herbst
United States Bankruptcy Court, W.D. Wisconsin
Decided April 11, 2012No. 1-19-10355PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
Jason Herbst (the debtor) filed a Chapter 13 petition on February 29, 2012, and a Motion for Contempt and for Return of Property on March 6, 2012. He alleges that Talmer Bank & Trust (the bank) violated the automatic stay by refusing to return equipment that the bank repossessed prepetition.
The repossessed equipment was the subject to security agreements that provided as a remedy for default, the bank “may repossess the Property so long as the repossession does not involve a breach of the peace. [The bank] may sell, lease, or otherwise…
2Cases cited8 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Thompson v. General Motors Acceptance Corp., LLCCourt of Appeals for the Seventh Circuit · 2009
- Campbell v. Countrywide Home Loans, Inc.Court of Appeals for the Fifth Circuit · 2008
- In Re RadcliffeCourt of Appeals for the Seventh Circuit · 2009
- National Operating, L.P. v. Mutual Life InsuranceWisconsin Supreme Court · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Denby-PetersonUnited States Bankruptcy Court, D. New Jersey · 2017