Legal Opinion
In RE McCLEARN
United States Bankruptcy Court, W.D. Wisconsin
Decided November 19, 2007No. 3-19-10559Published
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
Donna McClearn filed this chapter 7 proceeding over three years ago. Ms. McClearn’s residence secured several mortgages. The Trustee has successfully avoided one of them. As a result of the avoidance of the mortgage, there may be equity in the residence available to creditors. The Trustee moves the Court to list the residence for sale with a sales agent. Ms. McClearn disputes that a sale of the property would net sufficient proceeds to justify the sale.
The preliminary (and probably determinative) question is, as between the debtor (in the…
2Cases cited3 opinions
- Moore v. BaySupreme Court of the United States · 1931
- Givens v. Countrywide Home Loans, Inc. (In Re Jarosz)United States Bankruptcy Court, E.D. Wisconsin · 2005
- In Re WittUnited States Bankruptcy Court, W.D. Wisconsin · 2000