Legal Opinion
In Re Chapter 13 Proceedings of Herrera
District Court, E.D. Wisconsin
Decided May 16, 2007No. 06-C-1274, 06-C-1275, 06-C-1276, 06-C-1277, 06-C-1278, 06-C-1279, 06-C-1280PublishedCited by 4 opinions
1Opinion of the Court
ORDER
J.P. STADTMUELLER, District Judge.
In each of the underlying bankruptcy cases, Chapter 13 debtors initiated adversary proceedings to collect alleged over-payments made to creditors. On October 31, 2006, the bankruptcy court dismissed the adversary proceedings as “procedurally deficient,” ruling that the debtors may only object to the overpayments by filing motions for reconsideration pursuant to Bankruptcy Rule 3008. For the following reasons, the court reverses the order of the bankruptcy court and remands the actions for further proceedings consistent with this order.
BACKGROUND
On April…
2Cases cited17 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
- Meyer v. RigdonCourt of Appeals for the Seventh Circuit · 1994
- James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
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3Cited by4 opinions
- In re JonesUnited States Bankruptcy Court, E.D. Wisconsin · 2014
- Glenn v. Cavalry Investments LLC (In re Glenn)United States Bankruptcy Court, N.D. Illinois · 2016
- Case v. Wells Fargo Bank, NAUnited States Bankruptcy Court, E.D. Wisconsin · 2008
- Ruhl v. HSBC Mortgage Services, Inc.District Court, E.D. Wisconsin · 2008