Legal Opinion

Dubis v. Stebnitz (In re Stebnitz)

United States Bankruptcy Court, E.D. Wisconsin

Decided February 22, 2018No. Case No. 13–32097–beh; Adversary No. 17–02110Published

1Opinion of the Court

Beth E. Hanan, United States Bankruptcy Judge

The Chapter 7 Trustee currently holds, on behalf of the estate, a one-third interest in Spirit Valley Camp, LLC, an interest previously owned by the debtor. The Trustee would like to liquidate that interest.

The defendants, David Stebnitz and Gary Stebnitz, are the other one-third owners of the LLC. The Trustee has asked the Court to order the defendants to purchase the estate's one-third interest in the LLC for $80,000. The defendants deny that the LLC's Operating Agreement obligates them to pay $80,000 to purchase the estate's interest, disputing…

2Cases cited14 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Hotel 71 Mezz Lender LLC v. National Retirement FundCourt of Appeals for the Seventh Circuit · 2015
  3. Management Computer Services, Inc. v. Hawkins, Ash, Baptie & Co.Wisconsin Supreme Court · 1996
  4. Glenn E. Jones v. Union Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 2002
  5. Michael Goldstein v. Fidelity and Guaranty Insurance Underwriters, Inc., A/K/A United States Fidelity and Guaranty CompanyCourt of Appeals for the Seventh Circuit · 1996

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