Legal Opinion

In Re Wm. Pietsch Co., Inc.

United States Bankruptcy Court, E.D. Wisconsin

Decided June 14, 1996No. 19-21327PublishedCited by 6 opinions

1Opinion of the Court

DECISION

MARGARET DEE McGARITY, Bankruptcy Judge.

Introduction

This matter came before the court upon Firstar Bank Milwaukee, N.A.’s motion for relief from the automatic stay and for an order of payment of secured proceeds held by the chapter 7 trustee. The trustee objected to payment of those funds, asking that the court require the bank to marshal assets. Marshaling would require that the bank recover first from other assets securing the bank’s claim that are owned by the principals of the debtor, which assets are not property of the bankruptcy estate, before resorting to proceeds of secured…

2Cases cited14 opinions

  1. Meyer v. United StatesSupreme Court of the United States · 1963
  2. Sowell v. Federal Reserve Bank of DallasSupreme Court of the United States · 1925
  3. Fundex Capital Corp. v. Balaber-Strauss (In Re Tampa Chain Co.)United States Bankruptcy Court, S.D. New York · 1985
  4. Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
  5. Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978

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3Cited by6 opinions

  1. Bank of America, N.A. v. Veluchamy (In re Veluchamy)United States Bankruptcy Court, N.D. Illinois · 2014
  2. In re CF Beef & Grain, LLCUnited States Bankruptcy Court, E.D. Wisconsin · 2018
  3. In Re FieldUnited States Bankruptcy Court, D. South Carolina · 1998
  4. In Re Universal Elec. Sign Co., Inc.United States Bankruptcy Court, E.D. Wisconsin · 2000
  5. Great Lakes Agri-Services, LLC v. State Bank of Newburg (In re Enright)United States Bankruptcy Court, E.D. Wisconsin · 2012

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