[DOWNLOAD] "Megal Development Corp. v. Shadof" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: Megal Development Corp. v. Shadof
- Author : Supreme Court of Wyoming
- Release Date : January 08, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
1 This appeal is before the court on certification from the court of appeals, pursuant to Wis. Stat. ร§ 809.61 (Rule) (2003-04). Defendants Craig and Susan Shadof (Shadofs) appeal an order of the circuit court denying their application for satisfaction of a judgment and a judgment lien under Wis. Stat. ร§ 806.19(4), where the underlying judgment had been discharged in bankruptcy. The Shadofs appealed, and the court of appeals certified the issue of whether ร§ 806.19(4) requires the satisfaction of a judgment debt against a homestead, where the underlying judgment has been discharged in bankruptcy, yet the debtors homestead equity exceeds the allowable homestead exemption, and where the debtor failed to seek avoidance of the judgment lien in the bankruptcy court. The court of appeals further raised the issue of whether, if ร§ 806.19(4) does require the satisfaction of a judgment debt when the underlying judgment has been discharged in bankruptcy, the statute is in conflict with, and therefore preempted by, federal bankruptcy law.