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IN RE DECORA

No. 08-cv-315-bbc.

396 B.R. 222 (2008)

In re Daryl DECORA, Ho-Cak Federal, Appellant, v. Peter F. Herrell, Trustee, Appellee.

United States District Court, W.D. Wisconsin.

October 27, 2008.

OPINION AND ORDER

BARBARA B. CRABB, District Judge.

Debtor Daryl DeCora, a member of the Ho-Chunk Nation, borrowed money from appellant Ho-Cak Federal, granting Ho-Cak a security interest in debtor's is right to future tribal per capita payments. The bankruptcy court held that the bankruptcy trustee, asserting his status as a hypothetical lien creditor under § 544(a) of the bankruptcy code, has an interest...

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