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Claire Ann Resop, Trustee v. Farmers & Merchants State Bank (In re McClearn), Adv. No. 06-0202, Case No. 04-17344-7 (05/15/2007) -- Judge Robert D. Martin

Case Summary:
Noncompliance with Wisconsin's homestead joinder requirement was not grounds for avoidance by a chapter 7 trustee, even though the mortgage was "invalid." The protections for bona fide purchasers of real estate in Wisconsin provide no protection against the spouse of a prior transferor of real estate for five years after the prior transfer. Section 544(a)(3) of the Bankruptcy Code only grants the trustee the rights of a bona fide purchaser of real estate. Section 544, Wis. Stats. 706.02(1)(f), 706.09(1)(e).

Statute/Rule References:
11 U.S.C. § 544 -- Trustee as Lien Creditor
Wis. Stat. § 706.02(1)(f)
Wis. Stat. § 706.09(1)(e)

Key Terms:
Dismissal


Date: 
Tuesday, May 15, 2007