Pulaski v. Dakota Financial, LLC (In re Pulaski)

ORDER

THOMAS S. UTSCHIG, Bankruptcy Judge.

The Pulaskis filed this adversary proceeding in hopes of avoiding the defendant’s mortgage on their homestead. The claims asserted in their adversary complaint primarily arise under Wisconsin law rather than the bankruptcy code, and include attacks on the validity of the mortgage due to unconscionability, lack of consideration, mistake, misrepresentation, unjust enrichment, breach of contract, and breach of the duty of good faith and fair dealing. In response, in the joint pretrial statement and at the initial pretrial conference, the defendant raised…