Legal Opinion

In Re: Globe Building Materials, Incorporated, Debtor. Appeal Of: State of Wisconsin and Peggy Lautenschlager

Court of Appeals for the Seventh Circuit

Decided September 8, 2006No. 05-3738PublishedCited by 13 opinions

1Opinion of the Court

BAUER, Circuit Judge.

After an unsuccessful attempt to restructure, Globe Building Materials, Incorporated (Globe) was liquidated under Chapter 7 of the Bankruptcy Code. Peggy Lautenschlager, the Attorney General for the State of Wisconsin, sought to recover wages owed to former Globe employees in her state through a statutory lien. The trustee brought this adversary proceeding, and argued that the lien was avoidable under 11 U.S.C. § 545(2). Both the bankruptcy and district courts found for the trustee. We affirm.

The facts of this case are not in dispute. On January 19, 2001, Globe filed a…

2Cases cited8 opinions

  1. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
  2. In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc.Court of Appeals for the Ninth Circuit · 2000
  3. In re Kmart Corp.Court of Appeals for the Seventh Circuit · 2004
  4. Dersch Energies, Inc. v. Shell Oil Company and Equilon Enterprises, Inc.Court of Appeals for the Seventh Circuit · 2002
  5. In the Matter of Phillips Construction Company, Inc., Bankrupt. Edward Limperis, Trustee v. First National Bank of Geneva, Lawyers Title Insurance Corporation v. American Engineering, Inc.Court of Appeals for the First Circuit · 1978

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3Cited by13 opinions

  1. ChampionsWorld, LLC v. United States Soccer Federation, Inc.District Court, N.D. Illinois · 2007
  2. United States v. HeadCourt of Appeals for the Seventh Circuit · 2009
  3. In Re StarlingUnited States Bankruptcy Court, N.D. Illinois · 2007
  4. Investment Capital, Inc. v. Cohen (In Re Cohen)Court of Appeals for the Seventh Circuit · 2007
  5. Radcliffe v. International Painters & Allied Trades Industry Pension Fund (In Re Radcliffe)United States Bankruptcy Court, N.D. Indiana · 2007

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