ORDER THOMAS S. UTSCHIG, Bankruptcy Judge. Laurie Haake, the debtor in this case, has her principal place of business in Wisconsin but lives in Minnesota. 1 She was unable to obtain a traditional mortgage and financed the purchase of her home from the creditor, Gary Rasmussen, through the use of a contract for deed (or a land contract, as it is called in Wisconsin). She testified that she had been renting the home for some time before deciding to purchase it. She tried to get a loan from...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. The trustee has objected to the debtor's claim of a homestead exemption under Wisconsin law. Debtor Dean R. Coenen was the 100% owner of K-D of Fair Valley, LLC ("K-D"), which in turn owns a bar and apartment located in Sauk City, WI (the "property"). K-D operates the bar as the "Bucksnort Saloon." The debtor has listed the property's value as $188,586.56 on his Schedule C. The debtor lives in the property and claims a homestead...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. Roberta and Allen Landsinger (Roberta, Allen, together "the debtors") filed a voluntary Chapter 7 petition on June 12, 2011. The trustee filed an objection to the debtors' claim of exemptions under 11 U.S.C. 522(d)(5). A final hearing was scheduled, but the parties asked to have the matter decided on their briefs and Proposed Findings of Fact. The following facts are uncontested. The debtors married prior to 1998. On October 8, 1998,...
MEMORANDUM DECISION ROBERT D. MARTIN, Bankruptcy Judge. This case presents the question of whether a limited partner's interest in real estate can be exempted as being similar to a pension or profitsharing plan under 522(d)(10)(E) of the Bankruptcy Code. I find that this one can. The debtor is 42 years old, and has been employed as a cashier at Kwik Trip, Inc. (Kwik Trip) for 16 years. On Bankruptcy Schedule B, she listed a 401(k) retirement plan with Kwik Trip in the amount of $34,597.00,...
