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· 1/8/2009

Wiese v. Appeal of Community Bank of Central Wisconsin

Citations

  • 552 F.3d 584
  • 60 Collier Bankr. Cas. 2d 1731
  • 2009 U.S. App. LEXIS 174
  • 51 Bankr. Ct. Dec. (CRR) 12
  • 2009 WL 37203

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding bankruptcy court did not abuse its discretion in determining specified sections of the confirmed plan remained binding on the parties notwithstanding dismissal
  • upholding, under § 349(b), a Bankruptcy Court’s decision not to reinstate a debtor’s claim against a bank that gave up a lien in reliance on the claim being released in the debtor’s reorganization plan
  • upholding, under §349(b), a Bankruptcy Court’s decision not to rein- state a debtor’s claim against a bank that gave up a lien in reliance on the claim being released in the debtor’s reor- ganization plan
  • noting there is a difference between zealous advocacy and “unnecessarily disparaging opposing counsel”
  • “upholding, under § 349(b), a Bankruptcy Court’s decision not 9 to reinstate a debtor’s claim against a bank that gave up its lien in 10 reliance on the claim being released in the debtor’s reorganization 11 plan”
  • a bankruptcy court abuses its discretion when its decision is premised on an incorrect legal principle or a clearly erroneous factual finding

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Kanne, Tinder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.