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Opinions

The Western District of Wisconsin offers a database of opinions for the years 1986 to present, listed by year and judge. For a more detailed search, enter a keyword, statute, rule or case number in the search box above.

Opinions are also available on the Government Printing Office website for Appellate, District and Bankruptcy cases. The content of this collection dates back to April 2004, though searchable electronic holdings for some courts may be incomplete for this earlier time period.

For a direct link to the Western Wisconsin Bankruptcy Court on-line opinions, visit this link.

Available Decisions:

  • Chief Judge Catherine J. Furay -- 2013 - present
  • Judge William V. Altenberger -- 2016 - present
  • Judge Rachel M. Blise -- 2021 - present
  • Judge William H. Frawley -- 1973 - 1986
  • Judge G. Michael Halfenger -- 2020 - present
  • Judge Beth E. Hanan -- 2023 - present
  • Judge Brett H. Ludwig -- 2017 - 2020
  • Judge Thomas M. Lynch -- 2018 - present
  • Judge Robert D. Martin -- 1990 - 2016
  • Judge Katherine M. Perhach -- 2020 - present
  • Judge Thomas S. Utschig -- 1986 - 2012

Judge Thomas S. Utschig

In re Mancl, Case No. 06-10764-13 (08/24/2007) (375 B.R. 514) – Judge Thomas S. Utschig 08/24/2007

Case Summary:
The debtors proposed a chapter 13 plan which calculated their “disposable income” in accordance with their Form B22C. The chapter 13 trustee objected on the grounds that the income reported on the Form B22C was abnormally low because the debtor had been disabled during the six months prior to the bankruptcy filing. The trustee argued that the debtors’ actual income should be used in determining their “disposable income.” The court found that the Form B22C should be the starting point for the disposable income test but is not dispositive. If the six-month average used by the Form B22C to calculate a debtor’s “current monthly income” is not a reasonable forecast of future income, the court may consider the debtors’ actual income.

Statute/Rule References:
11 U.S.C. § 1325 -- Confirmation of Chapter 13 Plan

Key Terms:
Confirmation of Chapter 13 Plan
Disposable Income
Means Test
Projected Disposable Income
 

In re Kogler, Case No. 06-12027-7 (03/30/2007) (368 B.R. 785) – Judge Thomas S. Utschig 03/30/2007

Case Summary:
The United States Trustee brought a motion to dismiss based on the “presumption of abuse” found in 11 U.S.C. § 707(b)(2). The debtors argued that the presumption of abuse did not apply because the debtors’ deductions, including deductions for secured debt, indicated that they had no disposable income. At issue were deductions for a home and a vehicle that the debtors proposed to surrender. The Court ruled that § 707(b)(2) contemplated a “snapshot” review of the debtors’ finances as of the petition date, and that the debtors were entitled to deduct secured debt which was contractually due as of that date regardless of their subsequent intentions toward the collateral. Consequently, the motion was denied.

Statute/Rule References:
11 U.S.C. § 707 -- Dismissal

Judge Robert D. Martin

In re Jaynes, Case No. 01-32642-7 (07/18/2007) (377 B.R. 880) -- Judge Robert D. Martin 07/18/2007
Robert B. Ciarpaglini v. Jake’s Mobil, et al. (In re Ciarpaglini), Adv No. 07-0006, Case No. 05-13002-7 (07/18/2007) -- Judge Robert D. Martin 07/18/2007
Linda S. Bennett v. Thor Sveinsvoll (In Bennett), Adv No. 07-0031, Case No. 06-11712-7 (07/03/2007) (376 B.R. 918) -- Judge Robert D. Martin 07/03/2007
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 05/15/2007

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

Airadigm Communications, Inc., Case No 06-10930-11 (05/11/2007) (376 B.R. 903) -- Judge Robert D. Martin 05/11/2007

Case Summary:
A creditor's claim was allowed because no grounds were stated for its disallowance. A claim can be disallowed under section 502(b) or reconsidered under section 502(j). There is no such theory of disallowance as "recharacterization" pursuant to section 105(a) of the Bankruptcy Code. The Court granted summary judgment in part, overruling the objection to a secured creditor's claim in a Chapter 11 case.

In re Long, Case No. 06-13340-13 (05/10/2007) (372 B.R. 467) -- Judge Robert D. Martin 05/10/2007

Case Summary:
A Chapter 13 Debtor with above-median income was permitted to deduct the full ownership expense on Official Form B22C even though the Debtor had encumbered both cars with one vehicle loan.

Statute/Rule References:
11 U.S.C. § 1325 -- Confirmation of Chapter 13 plan

Key Terms:
Confirmation - Chapter 13

Michael E. Kepler, Trustee v. Lisa A. Koch, et al. (In re Kirchner), Adv. No. 06-0039, Case No. 05-14404-7 (03/09/2007) (372 B.R. 459) -- Judge Robert D. Martin 03/09/2007

Case Summary:
A Chapter 7 Debtor who had held title to his parents' house and transferred it to his siblings for no consideration had made a fraudulent transfer under the Uniform Fraudulent Transfer Act. Although he was holding the title for his parents' benefit, he was not holding it in trust for them, and nothing entitled them to an equitable lien against the property. All the elements of a UFTA claim having been met, the Chapter 7 Trustee was entitled to turnover of the property.

Statute/Rule References:
11 U.S.C. § 506(d) -- Lien Valuation and Strip Down
11 U.S.C. § 544 -- Trustee as Lien Creditor
Wis. Stat. § 242 -- Fraudulent Conveyance

Key Terms:
Equitable Liens
Fraudulent Transfer
Lien Stripping
Summary Judgment
Turnover of Property

In re Otteman, Case No. 02-10332-7 (11/08/2006) -- Judge Robert D. Martin 11/08/2006

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