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PELTZ v. WISCONSIN DEPT. OF WORKFORCE DEVELOPMENT

No. 01-CV-944.

283 B.R. 259 (2002)

Scott PELTZ, Trustee of the AR Accessories Group, Inc. Liquidating Trust, and Bank One, Wisconsin, Plaintiffs-Appellants, v. WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, Defendant-Appellee.

United States District Court, E.D. Wisconsin.

June 11, 2002.

Attorney(s) appearing for the Case

Mark L Metz, Thomas J O'Brien, Reinhart Boerner Van Deuren, Milwaukee, WI, for Bank One Wisconsin.

Robert M Fishman, Brian L Shaw, Shaw Gussis Domanskis Fishman & Glantz, Chicago, IL, for Scott Peltz.

Richard E Braun, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Wisconsin Department of Workforce Development.

DECISION AND ORDER

RANDA, District Judge.

This bankruptcy appeal asks the Court to decide the proper interplay between two provisions of the Bankruptcy Code: 11 U.S.C. § 362(a)(4), the "automatic stay provision," which provides that once a bankruptcy petition is filed "any act to create, perfect, or enforce any lien against property of the estate" is void, and 11 U.S.C. § 546(b)(1)(A), an exception to the "automatic stay provision" which states...

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