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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.

Judge Robert D. Martin

Farmers Implement Store of Mineral Point, Inc., v. Matthew S. Jorenby, et al. (In re Jorenby) Adv. No. 07-0190, Case No. 07-13708-7 (06/09/2008) (393 B.R. 663) -- Judge Robert Martin 06/09/2008

Case Summary:
Complaints on dischargeability. The Debtor sold the Plaintiffs’ collateral without their consent. Plaintiffs separately sought to have debts declared nondischargeable for “willful and malicious injury.” As to Farmers Implement Store, there was no provision barring the sale of its collateral in the security agreement, thus there was no conversion, and its complaint was dismissed. As to Farmers Savings Bank, the Debtor testified that he knew that the sale of the collateral would injure the Bank. A conversion with knowledge that injury would result is “willful and malicious,” so the debt was excepted from discharge § 523(a)(6).

Statute/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
11 U.S.C. § 1325(a)(3)
11 U.S.C. § 1325(a)(7)

Key Terms:
Willful and Malicious - Defined
Non-Dischargeable Debt

In re Shafer and Webb, Case No. 07-15085-13 (06/09/2008) (393 B.R. 655) -- Judge Robert D. Martin 06/09/2008

Case Summary:
Chapter 13 plan confirmation. The Debtors’ case was dismissed for lack of good faith under the totality-of-the-circumstances test. The Debtors’ income, expenses, assets, occupation, a prior voluntary dismissal and refiling to avoid preference payments, and the likelihood that the Debtors were abusing Chapter 13 to parlay into an early retirement demonstrated an effort not to pay creditors.

Key Terms:
Dismissal

In re Tozer, Case No. 06-12549-13 (06/09/2008) (392 B.R. 758) -- Judge Robert D. Martin 06/09/2008

Case Summary:
Chapter 13 plan modification. The Debtor’s ex-attorney sought to modify the Chapter 13 plan to extend payments and pay attorney’s fees. In the Seventh Circuit, § 1329 imposes no threshold requirement of a change in financial circumstances. The attorney was the “holder of an allowed unsecured claim,” thus he could seek modification to “extend . . . time for such payments.” § 1329(a). Modification of the plan was approved.

Statute/Rule References:
11 U.S.C. § 1329(a) -- Modification of Plan After Confirmation

Key Terms:
Administrative Expenses

In re Straight Arrow Construction Company, Inc., Case No. 04-17056-7 (03/13/2008) (393 B.R. 652) -- Judge Robert D. Martin 03/13/2008

Case Summary:
Trustee’s objection to claims. Debtor is a general contractor. Two subcontractors filed claims “secured” by operation of Wisconsin’s theft by contractor statute. Wis. Stat. § 779.16. Wisconsin Dairies v. Citizens Bank & Trust controlled the outcome. 160 Wis. 2d 758 (Wis. 1991). The claims were secured only to the extent that the funds were traceable to specific construction projects on which the creditors worked, and only to the extent that funds from those projects were in the possession of the Trustee. The remainder of the creditors’ claims were unsecured.

Statute/Rule References:
Wis. Stat. § 779.16

Key Terms:
Claims

In re Airadigm Communications, Inc., Case No. 06-10930-11 (01/18/2008) (393 B.R. 647) -- Judge Robert D. Martin 01/18/2008
William J. Rameker, Trustee v. Todd Holden (In re Williams), Adv. No. 07-0074, Case No. 06-12442-7 (12/04/2007) (383 B.R. 727) -- Judge Robert D. Martin 12/04/2007

Case Summary:
Trustee's application to sell Debtor’s interest in real property. The Non-debtor Defendant argued that the Debtor’s interest in a partnership was terminated by a prior written agreement. The consideration for the agreement was not a payment to the Debtor made prior to the agreement, rather, it was a present release of an obligation to reimburse the partnership for said payment, and thus the agreement was enforceable. The Debtor had no interest in the partnership property and the trustee’s complaint was dismissed.

Statute/Rule References:
11 U.S.C. § 363(h) -- Sale of Co-Owned Property
Wis. Stat. § 178.15(1) -- Partnership
Wis. Stat. § 178.26 -- Partnership

Key Terms:
Partnerships

In re McClearn, Case No. 04-17344-7 (11/19/2007) (384 B.R. 196) -- Judge Robert D. Martin 11/19/2007

Case Summary:
After successfully avoiding a lien on a house, a Chapter 7 Trustee moved to sell the house and realize the proceeds that the holder of the avoided lien would have received in a sale. The Debtor disputed the value of the house and argued that the homestead exemption primes the Trustee's position. The Court found that the Trustee took the rights and priority of the holder of the avoided lien and that the Trustee would benefit sufficiently to justify the sale. The application was granted. Section 544.

Statute/Rule References:
11 U.S.C. § 544 -- Trustee as Lien Creditor
11 U.S.C. § 551 -- Automatic Preservation of Avoided Transfer
Wis. Stat. § 242.02 -- Fraudulent Conveyance
Wis. Stat. § 242.04 -- Fraudulent Conveyance
Wis. Stat. § 242.05 -- Fraudulent Conveyance

Key Terms:
Lien Avoidance

In re Sunde, Case No. 07-10151-13 (10/02/2007) -- Judge Robert D. Martin 10/02/2007
Airadigm Communications, Inc., Case No. 06-10930-11 (09/17/2007) -- Judge Robert D. Martin 09/17/2007
Lenee D. Cole v. American Education Services (In re Cole), Adv. No. 06-0196, Case No. 05-17753-7 (09/04/2007) -- Judge Robert D. Martin 09/04/2007

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