Bank One Wisconsin, N.A. v. Annen (In Re Annen)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
JACKWIG, Bankruptcy Judge.
Chapter 7 Debtors Steven and Sandra Annen (“Annens”) appeal the order of the bankruptcy court 2 dismissing their counterclaim against Bank One Wisconsin, N.A. (“Bank One”). The Annens had argued that Bank One- violated 11 U.S.C. § 524(a)(2) by commencing a state court declaratory judgment action to determine the existence and nature of its mortgage lien on their homestead. The bankruptcy court concluded the action was an in rem proceeding that did not seek the imposition of any personal liability and, therefore, held the counterclaim failed to state a claim upon…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Davis v. SchererSupreme Court of the United States · 1984
- Dewsnup v. TimmSupreme Court of the United States · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re LaPortaUnited States Bankruptcy Court, D. Minnesota · 2005
- Pennington-Thurman v. Bank of America N.A. (In re Pennington-Thurman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
- Lowery v. McIlroy & Millian (In Re Lowery)United States Bankruptcy Court, E.D. Missouri · 2003
- Stephens v. Jensen-Carter (In Re Stephens)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
- Wofford v. Scott (In Re Scott)United States Bankruptcy Court, M.D. Florida · 2006
9 more not listed; retrieve them via the Exa API.