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 Karis, Case. No. 96-24595-12 (03/20/1997) (208 B.R. 913) -- Judge Thomas S. Utschig 03/20/1997

Case Summary:
Debtors filed motion seeking to hold Farm Service Agency in contempt for purported violation of 11 U.S.C. § 362. They sought an award of damages under § 362(h) for the creditor’s actions in selling certain cattle after the petition was filed. The court initially questioned whether any violation could be considered “willful” when the debtors filed on the morning of an auction and did not provide the creditor with any documentation of the filing beyond their oral statements.

The court did not reach this issue, however, as it concluded the cattle were not property of the debtor’s estate under § 541 at the time the case was filed. The cattle were seized pursuant to a replevin judgment prior to the bankruptcy filing. Accordingly, the debtor’s rights and ownership interests in the cattle were terminated at that time, and the subsequent bankruptcy filing could not resuscitate those rights.

Statue/Rule References:
11 U.S.C. § 362 -- Automatic Stay
11 U.S.C. § 362(h) -- Damages for Willful Stay Violations
11 U.S.C. § 541 -- Property of the Estate

Key Terms:
Automatic Stay
Property of the Estate

In re Ehlen, Case No. 95-14204-7 (10/16/1996) (202 B.R. 742) -- Judge Thomas S. Utschig 10/16/1996

Case Summary:
Debtors/farmers filed motion to avoid the lien of Farm Service Agency in “tools of the trade.” The equipment in question had been claimed as exempt property under the Wisconsin exemption statutes, Wis. Stat. § 815.18(3)(b). FSA objected to the motion, contending that 11 U.S.C. § 522(f)(3) created a federally mandated “cap” on lien avoidance on tools of the trade. According to FSA, the debtors should only be entitled to lien avoid $5,000.00 each of its lien, rather than the $7,500.00 allowed by the state exemption.

Court held that § 522(f)(3) did not apply in Wisconsin because Wisconsin did not allow unlimited exemptions in tools of the trade and also did not expressly prohibit lien avoidance. Declined to follow In re Parrish, 186 B.R. 246 (Bankr. W.D. Wis. 1995), and adopted the reasoning of the court in In re Zimmel, 185 B.R. 786 (Bankr. D. Minn. 1995).

Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance

Key Terms:
Exemptions
Lien Avoidance