Legal Opinion

In re Clark

District Court, W.D. Wisconsin

Decided October 12, 1989No. Bankruptcy No. MM7-89-00110PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

The debtor has claimed $6,713.55 in proceeds from the sale of his homestead exempt under state law. Kathryn Fleming, who purchased the debtor’s homestead at a tax sale, has objected to this exemption.

Mr. Clark’s home was sold on July 20, 1988 by the IRS to satisfy a federal tax lien of $55,786.45. Ms. Fleming paid $62,500.00 at the tax sale, and took the property subject to a mortgage and various judgment liens senior to that of the IRS. Using the Debtor’s schedules, I roughly calculate that at the time of tax sale the encumbrances senior to…

2Cases cited10 opinions

  1. State Bank of Hartland v. ArndtCourt of Appeals of Wisconsin · 1986
  2. Rozek v. RedzinskiWisconsin Supreme Court · 1894
  3. Hanson v. EdgarWisconsin Supreme Court · 1874
  4. Opitz v. BrawleyWisconsin Supreme Court · 1960
  5. Anchor Savings & Loan Ass'n v. WeekWisconsin Supreme Court · 1974

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3Cited by1 opinion

  1. In re SelanderUnited States Bankruptcy Court, W.D. Washington · 2018

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