Legal Opinion
Whinnery v. Bank of Onalaska (In Re Taggatz)
United States Bankruptcy Court, W.D. Wisconsin
Decided September 29, 1989No. 3-14-14418PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW
THOMAS S. UTSCHIG, Bankruptcy Judge.
PROCEDURAL POSTURE
The trustee, Don Whinnery, by his attorney Jeffrey W. Guettinger, filed a complaint against the Bank of Onalaska (the Bank) for failure to turnover property of the estate pursuant to 11 U.S.C. § 542(b) and (c). Trial was held on March 2 and March 3, 1989. The Bank appeared by its attorney Konrad T. Tuchscherer.
ISSUE
The question presented by this ease is twofold: 1) whether an agreement between the debtor and the Bank to fund the unfunded portion of a promissory note upon…
2Cases cited28 opinions
- Federal Deposit Insurance v. Philadelphia Gear Corp.Supreme Court of the United States · 1986
- Federal Deposit Insurance v. First Mortgage InvestorsWisconsin Supreme Court · 1977
- In Re Placid Oil Co.United States Bankruptcy Court, N.D. Texas · 1987
- Wegner Farms Co. v. Merchants Bonding Co. (In Re Wegner Farms Co.)United States Bankruptcy Court, N.D. Iowa · 1985
- 18 Collier bankr.cas.2d 291, Bankr. L. Rep. P 72,150 in Re Cassidy Land and Cattle Co., Inc., Debtor. Robert F. Craig, Trustee of Cassidy Land and Cattle Co., Inc. v. McCarty Ranch TrustCourt of Appeals for the Eighth Circuit · 1988
23 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bankr. L. Rep. P 73,337 in Re Easebe Enterprises, Inc., D/B/A Chippendales, Debtor. David A. Gill v. Easebe Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1990
- Beach v. First Union National Bank of North Carolina (In Re Carley Capital Group)District Court, W.D. Wisconsin · 1990
- Huntington National Bank Co. v. Alix (In Re Cardinal Industries, Inc.)United States Bankruptcy Court, S.D. Ohio · 1992
- Citizens & Southern National Bank v. Thomas B. Hamilton Co. (In re Thomas B. Hamilton Co.)Court of Appeals for the Eleventh Circuit · 1992
- In Re Thomas Hamilton Company, Inc.Court of Appeals for the Eleventh Circuit · 1992
5 more not listed; retrieve them via the Exa API.