Legal Opinion

In re Wirth

United States Bankruptcy Court, W.D. Wisconsin

Decided October 29, 2013No. 11-17555Published

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

BMO filed proof of a claim (“claim # 1” filed as M & I’s) in the amount of $168,693.79 secured by a lien on the debt- or’s homestead. In January 2012, BMO objected to confirmation of the debtor’s plan because the plan failed to provide for payment in full on BMO’s notes and mortgages. In order to resolve BMO’s objection to the debtor’s plan, the parties entered into a stipulation. BMO filed a supplemental claim for attorney’s fees which arose post-petition but before the date of the stipulation. The debtor objected arguing that the…

2Cases cited6 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Rake v. WadeSupreme Court of the United States · 1993
  3. In The Matter Of U.S. Golf CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Solomon v. Wein (In Re Huhn)District Court, W.D. Michigan · 1992
  5. In Re 900 Corp.United States Bankruptcy Court, N.D. Texas · 2005

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