Legal Opinion

Portage County Bank v. Citizens Bank (In Re Becker)

District Court, E.D. Wisconsin

Decided August 28, 2009No. 09-C-170. Bankruptcy No. 07-26001PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

WILLIAM C. GRIESBACH, District Judge.

This appeal from an order of the bankruptcy court raises the issue of whether a dragnet clause in a residential real estate mortgage secures subsequent business debt incurred by the debtors. The bankruptcy court held that it did not, and the mortgage holder appeals. This court has jurisdiction pursuant to 28 U.S.C. § 158(a)(1). For the reasons that follow, the bankruptcy court’s order will be affirmed in part and reversed in part.

FACTS

Over the past fifteen years, Debtors Charles and Mary Becker were engaged in the business of acquiring,…

2Cases cited16 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. Home Valu, Inc. v. Pep Boys Manny, Moe and Jack of Delaware, Inc.Court of Appeals for the Seventh Circuit · 2000
  4. John Miller Supply Co. v. Western State BankWisconsin Supreme Court · 1972
  5. Capocasa v. First National Bank of Stevens PointWisconsin Supreme Court · 1967

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3Cited by1 opinion

  1. Frank D. FormicaUnited States Bankruptcy Court, D. New Jersey · 2021

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