A Wisconsin bankruptcy lawyer’s attorneys are arguing that it would be too costly to prosecute the Wisconsin businessman who broke his lease on a luxury hotel and condo complex after his business failed.
The lawsuit filed Wednesday says a Wisconsin bankruptcy judge should have the power to award attorney fees to attorneys who take the case to court.
The case is being closely watched in the Midwest as the country continues to grapple with the fallout from the Great Recession.
Lawyers for the couple say they should have been allowed to go to court in the first place to collect on their mortgage and rent payments, and they’re trying to get the case thrown out.
The judge has said he’s open to hearing their argument.
The couple said they were not given an opportunity to appear before a judge to answer questions about the bankruptcy.
They’re suing the state for a variety of reasons, including that the judge has the authority to award attorneys fees.