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Baylake Bank v. TCGC LLC

Ruling
Village's interest in restrictive covenant was not avoidable.
Procedural posture

Defendant debtor and plaintiff bank, mortgage-holder on property owned by debtor, brought a proceeding against movant village, seeking a determination that certain restrictive covenants on the property were either void on their face, preempted by federal law, or subject to avoidance, and an order directing sale of the property free and clear of such restrictions to a Tribe. Pending were cross-motions for summary judgment by the bank and village.

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Commercial opinion summary, case decided on October 01, 2008 , LexisNexis #1008-112

In re Gilbertson

Ruling
Bankruptcy court erred in reducing fee claimed by trustee's attorney pursuant to approved contingency fee agreement.
Procedural posture

Appellant collection attorney sought review of an order of the bankruptcy court, which reduced the fees owed him by the bankruptcy trustee under his one-third contingency fee arrangement with the trustee, which the bankruptcy court had previously approved, for his efforts in recovering $10,000 of the $12,500 that the debtor had fraudulently transferred to a Wisconsin lawyer.

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opinion summary, case decided on February 04, 2007 , LexisNexis #0307-126