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IN RE FISCHER

Bankruptcy No. 12-24850-svk. Adversary No. 12-2338.

483 B.R. 877 (2012)

In re Adam L. FISCHER and Sharon M. Fischer, Debtors. Adam L. Fischer, et al., Plaintiffs, v. Bank of America, N.A., et al., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

December 27, 2012.

Attorney(s) appearing for the Case

Grant D. Glynn , Lake View Law Offices, S.C., Sheboygan, WI, for Plaintiffs.

Andrew E. Houha , Johnson, Blumberg & Assoc. LLC, Chicago, IL, Robert N. Duimstra , Menn Law Firm, Appleton, WI, for Defendants.

MEMORANDUM DECISION ON FIRST STATE BANK'S MOTION FOR SUMMARY JUDGMENT AND DEBTORS' MOTION FOR JUDGMENT ON THE PLEADINGS

SUSAN V. KELLEY, Bankruptcy Judge.

After filing a Chapter 13 bankruptcy petition, the Debtors instituted this adversary proceeding to determine the priority of certain liens against their residence. The problem is that in a pre-bankruptcy foreclosure action, a state court already decided which lien had first position. Therefore, the issue...

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