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Legal Opinion

Owens v. National Boulevard Bank (In Re Smith)

United States Bankruptcy Court, E.D. Wisconsin

Decided December 17, 1981No. 17-25719PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION

C. N. CLEVERT, Bankruptcy Judge.

In this case the issue is whether the debtors are entitled to exempt property of the bankruptcy estate which the trustee recovered by avoiding an unperfected purchase money lien on restaurant equipment and fixtures pursuant to 11 U.S.C. § 544.

The facts may be summarized as follows: The debtors, operators of two Milwaukee, Wisconsin restaurants, filed a joint voluntary Chapter 11 petition on September 16, 1980. The case was later converted to a liquidation case under Chapter 7 of the Bankruptcy Code and the trustee sold certain restaurant…

2Cases cited6 opinions

  1. In Re SabermanUnited States Bankruptcy Court, N.D. Illinois · 1980
  2. Matter of LampingUnited States Bankruptcy Court, E.D. Wisconsin · 1981
  3. In Re MorganUnited States Bankruptcy Court, M.D. Tennessee · 1980
  4. Styler v. Local Loan Financial Services (In Re Lanctot)United States Bankruptcy Court, D. Utah · 1980
  5. Charnesky v. UrbanWisconsin Supreme Court · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Waukesha State Bank v. Sindic (In Re Sindic)United States Bankruptcy Court, E.D. Wisconsin · 1984
  2. Huebner v. Trapp (In Re Huebner)United States Bankruptcy Court, W.D. Wisconsin · 1982
  3. In Re WaldvogelUnited States Bankruptcy Court, E.D. Wisconsin · 1991
  4. In Re RaccaUnited States Bankruptcy Court, W.D. Louisiana · 1984
  5. Matter of CurtisUnited States Bankruptcy Court, N.D. Mississippi · 1984

1 more not listed; retrieve them via the Exa API.

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