Legal Opinion

Ohio Casualty Ins. Co. v. Holz & Holz, Inc.

Wisconsin Supreme Court

Decided July 20, 1964PublishedCited by 10 opinions

1Opinion of the CourtBeilfuss, J.

Defendant contends that under sec. 2 (a) (11) of the Bankruptcy Act, 11 U. S. Code, sec. 11 (a) (11), the bankruptcy court has jurisdiction to determine all claims of bankrupts to their exemptions; that this was done in an action in which the plaintiff appeared and contested the amount of the applicable exemption; and that the bankruptcy court’s determination is therefore res judicata and may not be collaterally attacked in a state court.

Plaintiff argues that a determination of homestead exemption under state law by a federal bankruptcy court is not binding on a state court, citing Roche v.…

2Cases cited11 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
  3. Smalley v. LaugenourSupreme Court of the United States · 1905
  4. Mueller v. Novelty Dye WorksWisconsin Supreme Court · 1956
  5. Smalley v. LaugenourWashington Supreme Court · 1902

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3Cited by10 opinions

  1. Rumage v. GullbergWisconsin Supreme Court · 2000
  2. Matter of EchavarrenUnited States Bankruptcy Court, D. Idaho · 1980
  3. City of Arkansas City v. AndersonCourt of Appeals of Kansas · 1988
  4. Cameron v. Internal Revenue Service of the United States (In Re Scherbenske)United States Bankruptcy Court, D. North Dakota · 1987
  5. Bramsher v. ZahnCourt of Appeals for the Seventh Circuit · 1979

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