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Legal Opinion

In Re Wescott

United States Bankruptcy Court, E.D. Wisconsin

Decided April 30, 2004No. 15-31954PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

SUSAN y. KELLEY, Bankruptcy Judge.

This case has the stuff of great drama: conflict and redemption. It also answers an important question: Can a debtor use chapter 13 of the Bankruptcy Code to save a homestead from foreclosure after the sheriffs sale has been held but before the sale is confirmed by the state court? In Colon v. Option One Mortgage, the Seventh Circuit Court of Appeals held that an Illinois debtor could not cure a mortgage default in a Chapter 13 case filed after the foreclosure sale. 319 F.3d 912 (7th Cir. 2003). The Debtor in this case, Gary Wes-cott, argues…

2Cases cited11 opinions

  1. In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
  2. Norma I. Colon, Debtor-Appellant v. Option One Mortgage Corporation, And/or Its AssignsCourt of Appeals for the Seventh Circuit · 2003
  3. GMAC Mortgage Corp. v. GisvoldWisconsin Supreme Court · 1998
  4. In Re LYNCHUnited States Bankruptcy Court, W.D. Wisconsin · 1981
  5. Gerhardt v. EllisWisconsin Supreme Court · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
  2. In Re SchultzUnited States Bankruptcy Court, E.D. Wisconsin · 2007
  3. In re HaakeUnited States Bankruptcy Court, W.D. Wisconsin · 2012
  4. Gomez v. Kamper Investments, LLC (In Re Gomez)United States Bankruptcy Court, S.D. Texas · 2008
  5. In Re HolmdahlUnited States Bankruptcy Court, W.D. Wisconsin · 2010

2 more not listed; retrieve them via the Exa API.

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