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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

Freedom Communications, Inc. v. Tak Communications, Inc. (In re Tak Communications, Inc.), Adv. No. 95-3027, Case No. 91-00031-11 (08/14/1995) -- Judge Robert D. Martin 08/14/1995
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

Judge Thomas S. Utschig

Hartje Lumber, Inc., v. Fred J. Brach, d/b/a B & B Carpentry and Sonya M. Brach (In re Brach), Adv. No. 95-2043. Case No. 94-22669-7 (08/03/1995) (195 B.R. 897) -- Judge Thomas S. Utschig 08/03/1995

Case Summary:
Creditor filed adversary proceeding objecting to debtor’s discharge after the time specified in bankruptcy rule 4007.  Debtor filed motion to dismiss.  The court concluded that the fact that the court issued an erroneous notice which did not specify a last date to object to discharge and which incorrectly characterized the debtor as a “partnership” necessitated allowance of the complaint.  While a court may not extend the time to object to discharge if the creditor fails to file a motion for extension of time as required by the rule, the court can accept an untimely complaint if it is justified under the circumstances. The only justification is if the court issues an erroneous notice, which happened in this case.

Statue/Rule References:
Fed. R. Bankr. P. 4007(c) -- Time for Filing Nondischargeability Complaint

Key Terms:
Complaints – Nondischargeability – Late - Filed

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

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