Legal Opinion · Dissent
Hobl v. Lord
Court of Appeals of Wisconsin
Decided June 5, 1990No. 89-1759Published
1DissentCane, P.J.
The majority holds that a postpetition bankruptcy debtor may, as a matter of Wisconsin law, redeem his mortgaged property by paying its fair value, rather than the amount of the judgment. I concur with that part of the decision that states that Richard Hobl has standing to bring this appeal. However, because the majority erroneously perceives a conflict between Wisconsin and federal bankruptcy law, and because they misconstrue In re Lindsey, 823 F.2d 189 (7th Cir. 1987), I dissent from the remainder of the opinion.
I agree with the analysis set forth in In re Hagberg, 92 B.R. 809, 811 (Bankr.…
2Cases cited7 opinions
- Dewsnup v. Timm (In Re Dewsnup)United States Bankruptcy Court, D. Utah · 1988
- 17 Collier bankr.cas.2d 363, Bankr. L. Rep. P 71,898 in the Matter of Wayne Rodney Lindsey and Margaret A. Lindsey, Debtors: Wayne Rodney Lindsey and Margaret A. Lindsey v. Federal Land Bank of St. Louis and United States of America Acting Through Farmers Home Administration, a Division of the United States Department of Agriculture, Defendants- in the Matter of Louis Patrick Kness, Debtor: Louis Patrick Kness v. Federal Land Bank of St. Louis and Bank of ViolaCourt of Appeals for the Seventh Circuit · 1987
- In Re ShrumUnited States Bankruptcy Court, W.D. Oklahoma · 1989
- Matter of HagbergUnited States Bankruptcy Court, W.D. Wisconsin · 1988
- United States v. Midwest Livestock Producers, CooperativeDistrict Court, E.D. Wisconsin · 1980
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