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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 Robert D. Martin

Michael E. Kepler v. Security Pacific Housing Services (In re McLaughlin) Adv. No. 94-3155, Case No. 94-31936-7 (05/23/1995) (183 B.R. 171) -- Judge Robert D. Martin 05/23/1995

Statute/Rule References:
11 U.S.C. § 547 -- Preferences
Wis. Stat. § 409.203 -- Security Interests - Attachment and Enforceability

Key Terms:
Preferences
Security Interests - Attachment

In re Parker, Case No. 91-34084-12 (05/12/1995) -- Judge Robert D. Martin 05/12/1995

Statute/Rule References:
11 U.S.C. § 1229 -- Modification of plan

Key Terms:
Modification of Chapter 12 Plan

In re Zeien Farms, In re Zeien, Case Nos. 94-33454-12 and 94-3345512 (02/27/1995) -- Judge Robert D. Martin 02/27/1995

Statute/Rule References:
11 U.S.C. § 363 -- Sale of Property

Key Terms:
Sale of Property Outside Ordinary Course

Alta J. Marshall v. Government Employees Financial Corporation and Subsidiaries (In re Marshall), Adv. No. 94-3147, Case No. 94-32402-7 (02/24/1995) -- Judge Robert D. Martin 02/24/1995

Statute/Rule References:
11 U.S.C. § 547 -- Preferences

Key Terms:
Preferences

Michael E. Kepler, Trustee, v. Aetna Finance Company (In re Ausman Jewelers, Inc.), Adv. No. 94-3133, Case No. 92-31822-7 (01/20/1995) (117 B.R. 282) -- Judge Robert D. Martin 01/20/1995

Statute/Rule References:
11 U.S.C. § 547 -- Preferences
11 U.S.C. § 550 -- Initial Transferee

Key Terms:
Preferences

In re Tak Communications, Inc., Case Nos. 91-00031-11 and 91-00032-11 (11/28/1994) -- Judge Robert D. Martin 11/28/1994
In re Tak Communications, Inc., Case Nos. 91-00031-11 and 91-00032-11 (11/16/1994) -- Judge Robert D. Martin 11/16/1994
Gleischman Sumner Company Designated Person v. King, Weiser, Edelman & Bazar (In re Carley Capital Group, James Carley, David Carley), Adv. No. 94-3018, Case Nos. 89-00587-11, 89-00588-11, 89-00589-11 (11/15/1994) -- Judge Robert D. Martin 11/15/1994

Judge Thomas S. Utschig

Rubino, Inc., David G. Stauffacher, and Exel Royal, LLC v. Royal Plastics, Inc (In re Royal Plastics, Inc.) Adv. No. 94-2114, Case No. 94-20990-11 (11/30/1994) -- Judge Thomas S. Utschig 11/30/1994

Case Summary:
Creditors of chapter 11 debtor contended that they were entitled to the revenues generated by the debtor’s use of certain plastic molds.  These revenues were generated by the debtor prior to the petition date, but were in the debtor’s possession when the case was filed.  The creditors contended that they were entitled to the funds because the debtor did not own the molds.  Given the absence of any trust relationship between the parties, however, and the extraordinarily broad definition of “property of the estate” under 11 U.S.C. § 541, the court concluded that the debtor held legal and equitable title to the funds when the bankruptcy was filed.  Accordingly, the creditor’s adversary proceeding was dismissed.

Statue/Rule References:
11 U.S.C. § 541 -- Property of the Estate

Key Terms:
Property of the Estate

Mary Bowman (f/k/a Mary Strack) v. Jeffrey J. Strack (In re Strack), Adv. No. 94-1089, Case No. 92-13420-7 (11/08/1994) -- Judge Thomas S. Utschig 11/08/1994

Case Summary:
In wife’s action to have certain debts declared nondischargeable under 11 U.S.C. § 523(a)(5), the court determined that a portion of the debts which the debtor was to have indemnified his former spouse from constituted obligations “actually in the nature of” alimony, maintenance or support.  The issue of dischargeability under § 523(a)(5) is a matter of federal law, not state law.  The court found that it was not possible to consider the debtor’s present financial condition or the changes in circumstance of both parties since the time of the divorce.  The purpose of the section was to look at whether the obligation was intended as support at the time of the divorce.  As a result, the court found certain obligations to have been contemplated as support, and others, including a debt to the wife’s mother, to have been intended as property division.

Statue/Rule References:
11 U.S.C. § 523(a)(5) -- Nondischargeability - Divorce Decrees

Key Terms:
Divorce Decrees -- Maintenance or Property Division

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