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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
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
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.
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
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
Case Summary:
Green County filed a complaint against the Debtor seeking a determination of nondischargeability of a debt pursuant to 11 U.S.C. 523(a)(18) or 11 U.S.C. 523(a)(5). The debt arose when a guardian ad litem was appointed to represent the best interests of the debtors child in a juvenile action in Green County Circuit Court. Green County did not meet its burden to prove nondishcargeability under 11 U.S.C. 523(a)(5). Green County provided no details regarding the underlying juvenile action, however, guardian ad litem bills seemed to indicate that the fees arose from a Child in Need of Protection or Services (CHIPS) proceeding. Although the debt was incurred for the welfare of the child, the obligation to the County is not a nondischargeable debt for the purpose of 523(a)(5) if it arose under Wis. Stat. § 48.235. Wis. Stat. § 48.235 allows the County to seek reimbursement from parents of amounts paid by the County to a guardian ad litem. If the debt arose under 48.235, it is a debt to the County and does not meet the requirement under 523(a)(5) that the nondischargeable debt be owed to a spouse, former spouse, or child. Where the Debtors child is not seeking support, but a governmental entity is trying to enforce its rights against a parent under a state statute for reimbursement, 523(a)(5) is not implicated. Green County did not prove nondischargeability under 523(a)(18) either because it did not allege or argue that the debt is enforceable under Part D of Title IV of the Social Security Act. Exceptions to discharge are construed strictly against a creditor and liberally in the debtor's favor, Green County failed to meet its burden of proof.
Statute/Rule References:
11 U.S.C. § 523(a)(5) -- Nondischargeability - Divorce Decrees
11 U.S.C. § 523(a)(18)
42 U.S.C. § 651-669
Wis. Stat. § 48.235 -- Guardian ad Litem
Key Terms:
Non-Dischargeable Debt