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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

In re The Company Store, Case No. 92-21810-11 (06/02/1993) -- Judge Thomas S. Utschig 06/02/1993

Case Summary:
Debtors' objection to numerous claims for priority status is granted.  Claims represented fees for modeling services performed by numerous minors for debtors' catalog.  Claims for priority wage status not warranted on the basis of clear statutory language of 11 U.S.C. § 507(a)(3) -- which limits priority status to wages earned within ninety-day period before filing.  Wages at issue were earned outside of ninety-day period.

Statue/Rule References:
11 U.S.C. § 507(a)(3) -- Priority of Claims - Wages

Key Terms:
Claims -- Priority
Exclusivity Periods -- Extension
Wage Claims

Jacqueline J. Haseker v. Great Lakes Higher Education Corporation (In re Haseker), Adv. No. 92-5239, Case No. 92-53028-7 (04/16/1993) -- Judge Thomas S. Utschig 04/16/1993

Case Summary:
Failure to discharge debtor's student loan debt of $15,359 would constitute an "undue hardship" pursuant to 11 U.S.C. § 523(a)(8); student loan debt is therefore dischargeable.  Debtor is 57 years old, unmarried and without children.  She owns no real property nor a car and she earns approximately $500 per month at part-time minimum wage jobs.  Her monthly expenditures total over $800.  Expense budget does not include any amounts for medical or dental expenses, insurance or recreation and entertainment.  Requiring debtor to pay her student loan would therefore constitute an "undue hardship" for her.

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

Key Terms:
Student Loans

In re Bolles, Case No. 92-10883-7 (02/01/1993) -- Judge Thomas S. Utschig 02/01/1993

Case Summary:
Debtor is entitled to exempt $12,808 in personal injury award proceeds -- $6,904 pursuant to Wis. Stat.  § 815.18(3)(i)(c) [pain and suffering exemption] and $5,904 pursuant to Wis. Stat. § 815.18(3)(i)(d) [loss of future earnings exemption]. Debtor's exemption rights are to be determined on the basis of conditions as they existed on the date of bankruptcy filing; court refuses to retroactively apply Wisconsin exemption statutes to debtor's prepetition expenditures.  Prepetition expenditures from two separate award amounts (one for pain and suffering and the other for loss of future earnings) are to be allocated pro-rata between both amounts for purposes of determining exemption rights under Wisconsin law.

Amount "reasonably necessary for the debtor's support" for exemption purposes is to be determined on the basis of the debtor's present circumstances and income, other exempt property, and any other relevant factors.  Citing In re Haga, 48 B.R. 492, 496 (Bankr. E.D. Tenn. 1985).

Statue/Rule References:
Wis. Stat. § 815.18 -- Exemptions

Key Terms:
Exemptions
Personal Injury Proceeds

Gross Common Carrier, Inc. and Official Unsecured Creditors Committee of Gross Common Carrier, Inc. v. GSG Holdings, et al. (In re Gross Common Carrier), Adv. No. 92-5033, Case No. 91-52860-11 (12/23/1992) -- Judge Thomas S. Utschig 12/23/1992

Case Summary:
On cross motions for summary judgment, court grants defendants' motion as to counts II, III, VI and VII of plaintiff's complaint.  As to count II, plaintiff, a subsidiary and creditor of defendant, lacks standing to bring ultra vires claim pursuant to Wis. Stat. § 180.0304.  As to count III, plaintiff has not established that any transfers of property to the defendants occurred within one year preceding the bankruptcy filing.  Such a showing is necessary to prevail on a claim for fraudulent conveyance pursuant to 11 U.S.C. § 548.  As to count VI, plaintiff has failed to show that any transfers to defendants occurred within one year of filing; such showing is likewise necessary to prevail on a 11 U.S.C. § 547 preference claim.  As to count VII, plaintiff has failed to support its allegations of inequitable conduct by the defendants with the requisite "substantial factual showing" sufficient to overcome summary judgment motion on equitable subordination claim under 11 U.S.C. § 510(c).

Defendants' summary judgment motions as to counts I, IV and V are taken under advisement pending further court order or trial.  Plaintiff's summary judgment motion is likewise taken under advisement.

Statue/Rule References:
11 U.S.C. § 510(c) -- Equitable Subordination
11 U.S.C. § 547 -- Preference
11 U.S.C. § 548 -- Fraudulent Conveyance
Fed. R. Bankr. P. 7056 -- Summary Judgment
Wis. Stat. § 180.0304 -- Ultra Vires Acts by Corporation

Key Terms:
Equitable Subordination
Fraudulent Conveyance
Preferences
Summary Judgment
Ultra Vires Act by Corporation

Linda M. Friske v. Daniel R. Friske (In re Friske), Adv. No. 92-5089, Case No. 92-50616-7 (12/07/1992) -- Judge Thomas S. Utschig 12/07/1992

Case Summary:
Amounts constituting a MasterCard obligation and state and federal income tax obligations paid by debtor's ex-wife are dischargeable in debtor's bankruptcy.  This is in spite of the state court judge's approval of a stipulation between the parties which explicitly provided that any such amounts paid by one spouse above and beyond that spouse's 50% share would constitute a maintenance obligation of the non-paying spouse.  Court applied the factors identified in In re Messnick, 104 B.R. 89, 92 (Bankr. E.D. Wis. 1989).

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

Key Terms:
Divorce Decrees – Maintenance or Property Division

Judge Robert D. Martin

In re Tak Communications, Inc. and In re TAK Broadcasting Corporation, Case Nos. 91-00031-11 and 91-00032-11 (04/30/1993) (154 B.R. 514) -- Judge Robert D. Martin 04/30/1993

Key Terms:
Attorney Fees

 
In re Kuenzi, Case No. 92-31382-13 (04/14/1993) -- Judge Robert D. Martin 04/14/1993

Statute/Rule References:
13 U.S.C. § 1325 -- Confirmation of Chapter 13 Plan

Key Terms:
Confirmation - Chapter 13

Grain Guard, Inc. and James Foseid v. David E. and Vincenza B. Walford (In re Walford), Adv. Case 91-3161, Case No. 91-3146-7 (03/16/1993) -- Judge Robert D. Martin 03/16/1993

Statute/Rule References:
11 U.S.C. § 523(a)(2)(A) -- Nondischargeability - Fraud
11 U.S.C. § 523(a)(4) -- Nondischargeability - Fraud in Fiduciary Capacity
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury

Key Terms:
Embezzlement
Willful and Malicious - Defined

In re Laube, Case No. 92-33733-7 (03/16/1993) (152 B.R. 260) -- Judge Robert D. Martin 03/16/1993

Statute/Rule References:
Wis. Stat. § 815.20 -- Homestead Exemption

Key Terms:
Exemptions
Homestead

In re Kuenzi, Case No. 92-31382-13 (10/26/1992) -- Judge Robert D. Martin 10/26/1992

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