Listecki v. Official Committee of Unsecured Creditors
Filing
60
ORDER RE BANKRUPTCY APPEAL signed by Judge Lynn Adelman on 4/29/15 that the bankruptcy courts decision is AFFIRMED. Consistent with the Seventh Circuits opinion, the Trusts motion for summary judgment is DENIED and the Committees motion for partial summary judgment on Count III is GRANTED. Further ordering that this matter is REMANDED for further proceedings consistent with the Seventh Circuits opinion. (cc: all counsel)(dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
ARCHBISHOP JEROME E. LISTECKI,
as Trustee of the Archdiocese of Milwaukee
Catholic Cemetery Perpetual Care Trust,
Appellant,
v.
Case No. 13-cv-0179
OFFICIAL COMMITTEE OF UNSECURED
CREDITORS,
Appellee.
_____________________________________________________________________
ORDER
This bankruptcy appeal arises from bankruptcy proceedings of the Archdiocese of
Milwaukee. One of the issues in the proceedings is whether the Archdiocese’s creditors,
represented by the Official Committee of Unsecured Creditors (the “Committee”), can
access the funds of the Archdiocese Cemetery Trust (the “Trust”). The Trust filed an
adversary complaint asking the bankruptcy court to declare, for a number of reasons, that
the Trust’s funds cannot be used to satisfy the Committee’s claims. One of the reasons,
alleged in Count III of its amended complaint, argued that allowing the Committee to
access the Trust’s funds would violate the Religious Freedom Restoration Act, 42 U.S.C.
§ 2000bb et seq. (“RFRA”) and the Free Exercise Clause of the First Amendment. The
Committee moved for partial summary judgment on Count III, and the Trust filed a crossmotion for summary judgment. The bankruptcy court granted the Committee’s motion for
partial summary judgment, but the district court reversed and granted the Trust’s crossmotion for summary judgment on both RFRA and First Amendment grounds.
On March 9, the Seventh Circuit reversed the district court in part, concluding that
neither RFRA nor the First Amendment preclude application of the relevant Bankruptcy
Code provisions to the Trust’s funds and that the Committee’s motion for partial summary
judgment on Count III should be granted, and remanded the case for further proceedings
consistent with its opinion. The case was reassigned to me on remand under Fed. R. App.
P. 36.
THEREFORE, IT IS ORDERED that, the bankruptcy court’s decision is AFFIRMED.
Consistent with the Seventh Circuit’s opinion, the Trust’s motion for summary judgment is
DENIED and the Committee’s motion for partial summary judgment on Count III is
GRANTED.
IT IS FURTHER ORDERED that this matter is REMANDED for further proceedings
consistent with the Seventh Circuit’s opinion.
Dated at Milwaukee, Wisconsin, this 29th day of April, 2015.
s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge
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