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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 Thomas S. Utschig

Kenneth J. Salinas v. United Student Aid Funds, Inc. (In re Salinas), Adv. No. 98-5159, Case No. 98-53293-7 (02/14/2001) (258 B.R. 913) -- Judge Thomas S. Utschig 02/14/2001

Case Summary:
On remand of district court’s order reversing prior order granting discharge of student loan debts, the bankruptcy court again considered the debtor’s financial condition.  Debtor did not have significant income, and had in fact been unemployed for a period of time.  The court concluded that the debtor had demonstrated an “undue hardship” within the meaning of U.S.C. § 523(a)(8).  The court also rejected the suggestion that the court could further defer or reduce the debtor’s loan obligations.

Statue/Rule References:
11 U.S.C. § 523(a)(8) -- Nondischargeability - Student Loans

Key Terms:
Student Loans

Coralynn F. Nelson v. La Crosse County District Attorney (State of Wisconsin) and Tim Gruenke (In re Nelson), Adv. No. 99-2189, Case No. 99-21588-7 (09/18/2000) (254 B.R. 436) -- Judge Thomas S. Utschig 09/18/2000

Case Summary:
Debtor brought proceeding to prevent state criminal proceedings.  Debtor contended that the criminal prosecution was merely a pretext for collecting a debt which had been discharged in bankruptcy.  The state moved to dismiss the adversary proceeding on the grounds that the Eleventh Amendment to the U.S. Constitution precluded suits against states.  The state cited Seminole Tribe v. Florida, 517 U.S. 44, 116 S. Ct. 1114, 134 L. Ed. 2d 252 (1996), for support.  The bankruptcy court concluded the Eleventh Amendment did not constitute a bar to the proceeding.  On appeal, the district court reversed.

Key Terms:
Eleventh Amendment
Sovereign Immunity

In re Calaway, Case No. 99-54197-7 (06/30/2000) -- Judge Thomas S. Utschig 06/30/2000

Case Summary:
Trustee moved for turnover of debtor’s interest in a trust.  The debtor argued that the trust was a “spendthrift trust” that was excluded from the bankruptcy estate by virtue of 11 U.S.C. § 541(c)(2).  The court, however, agreed with the trustee that since creditors could reach the trust res, it was not a true spendthrift trust.  The motion for turnover was granted.           

Statute/Rule References:
11 U.S.C. § 541 -- Property of the Estate
Wis. Stat. § 701.06 -- Spendthrift Provisions and Rights of Creditors of Beneficiaries

Key Words:
Trusts - Generally
Turnover of Property

In re Lawrence, Case No. 97-14687 (06/02/2000) -- Judge Thomas S. Utschig 06/02/2000

Case Summary:
Trustee brought sanctions motion against former counsel for bankruptcy debtor.  The debtor’s discharge had been denied for his conduct during the discovery process.  The trustee sought sanctions against various attorneys for their participation in “scorched earth” litigation.  These attorneys filed motions to dismiss and/or strike the sanctions request.  The court concluded that bankruptcy courts are “courts of the United States” for purposes of 28 U.S.C. § 1927 and can award sanctions pursuant to that statute.  Further, similar power exists under 11 U.S.C. § 105(a).  The motions to strike were denied, and the matter set for an evidentiary hearing.

Statue/Rule References:
11 U.S.C. § 105 -- Power of Court
28 U.S.C. § 1927 -- Counsel’s Liability for Excessive Costs
Fed. R. Bankr. P. 9011 -- Sanctions

Key Terms:
Sanctions

Judge Robert D. Martin

In re Bradica, Case No. 00-31352-7 (12/14/2000) -- Judge Robert D. Martin 12/14/2000

Statute/Rule References:
11 U.S.C. § 522(d) -- Exemptions - Federal
15 U.S.C § 1673 -- Restriction on Garnishment

Key Terms:
Exemptions

Milton Scott Andros v. Richard L. Soddy (In re Andros), Adv. No. 00-3028, Case No. 99-34989-7 (12/14/2000) -- Judge Robert D. Martin 12/14/2000

Statute/Rule References:
11 U.S.C. § 105 -- Power of Court
28 U.S.C. § 1927 -- Counsel's Liability for Excessive Costs

Key Terms:
Attorney Fees
Sanctions

In re Witt, Case No. 99-35821-7 (10/13/2000) -- Judge Robert D. Martin 10/13/2000

Statute/Rule References:
11 U.S.C. § 551 -- Automatic Preservation of Avoided Transfer

Key Terms:
Lien Avoidance

In re Kadrmas, Case No. 00-31338-7 (09/19/2000) -- Judge Robert D. Martin 09/19/2000

Case Summary:
Debtors claimed a tax refund as exempt. The IRS sought to setoff its tax claim against the refund. The Court concluded that the debtors’ discharge did not impact the creditor’s right to setoff under 11 U.S.C. § 553. The Court also concluded that the right of setoff exists, even against property the debtors claim as exempt.

Statute/Rule References:
11 U.S.C. § 522(c) -- Exemptions - As Against Federal Tax Liens
11 U.S.C. § 553 -- Setoff

Key Terms:
Exemptions - Federal Tax Lien
Setoff

In re Smithey, Case No. 98-34970-7 (09/07/2000) -- Judge Robert D. Martin 09/07/2000

Case Summary:
Creditor mailed claim prior to claims bar date but it was not received until after the bar date expired. The trustee objected and sought to classify the claim as a "tardily filed claim" under 11 U.S.C. § 726(a)(3). The Court rejected use of the "mailbox rule" and held that there was no issue as to receipt of the claim. Since filing constitutes delivery and receipt by the proper party, the proof of claim was filed after the bar date. The trustee’s objection to the claim was sustained.

Statute/Rule References:
11 U.S.C. § 726(a)(3) -- Late Filed Claims
Fed. R. Bankr. P. 3002(c) -- Time for Filing Proof of Claim

Key Terms:
Claims - Late Filed
Mailbox Rule
Presumption of Receipt

Peter M. Gennrich, Trustee v. Matthew G. Mordhorst (In re Matthew), Adv. No. 99-3121, Case No. 98-34305-7 (05/31/2000) -- Judge Robert D. Martin 05/31/2000

Case Summary:
The trustee brought this adversary proceeding asking the court to find (1) that the debtor's right to recover damages in a wrongful death action were property of the estate under 11 U.S.C. § 541(a); (2) that the debtor is required to turnover the settlement proceeds and the property he purchased with the proceeds under 11 U.S.C. § 542(a); and (3) that the debtor's discharge should be revoked pursuant to 11 U.S.C. § 727(d)(2).  The court (Judge Martin) ruled that under Illinois law, the debtor had an interest in the wrongful death action brought for the death of his mother.  This interest became property of the estate upon the filing of the debtor's bankruptcy.  Because the debtor never scheduled this interest, it remained property of the estate even after the debtor's bankruptcy case was closed.  The court further entered a judgment against the debtor for the amount of the wrongful death proceeds received by the debtor but not turned over to the bankruptcy estate.  Finally, the court revoked the debtor's discharge pursuant to § 727(d)(2) because it was more probable than not that the debtor possessed fraudulent intent while failing to report and deliver the settlement proceeds to the trustee.

Statute/Rule References:
11 U.S.C. § 541 -- Property of the Estate
11 U.S.C. § 542 -- Turnover of Property
11 U.S.C. § 727 -- Discharge

Key Terms:
Discharge
Property of the Estate
Turnover of Property

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