Statute/Rule References:
11 U.S.C. § 553 -- Setoff
Key Terms:
Setoff
You are here
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
Statute/Rule References:
Fed. R. Bankr. P. 9006 -- Time
Key Terms:
Claims - Bar Date
Key Terms:
Preferences
Statute/Rule References:
26 U.S.C. § 6321 -- Tax liens
26 U.S.C. § 6323 -- Lien priority
Key Terms:
Taxes - Liens
Key Terms:
Attorney Fees
Judge Thomas S. Utschig
Case Summary:
Debtor who purchased $1110.71 worth of Barbie doll items within forty days of her bankruptcy filing successfully rebutted presumption of fraudulent intent under 11 U.S.C. § 523(a)(2)(C) -- the "luxury goods" exception. Purchases were Christmas gifts for debtor's daughter; debtor's bankruptcy filing was done on advice of counsel and precipitated by ex-husband's filing; and debtor intended to pay for items in installments. This was not a case of "loading up" in anticipation of filing bankruptcy -- the type of activity which § 523(a)(2)(C) was intended to prevent. Citing J.C. Penney Co. v. Leaird (In re Leaird), 106 B.R. 177 (Bankr. W.D. Wis. 1989).
Statue/Rule References:
11 U.S.C. § 523(a)(2)(C) -- Nondischargeability - Luxury Goods
Key Terms:
Luxury Goods
Case Summary:
Wisconsin DNR's motion for allowance of priority administrative expense claim pursuant to 11 U.S.C. § 503(b)(1)(a) is denied. No clean-up costs for environmental damage have yet been incurred -- allowing administrative expense status for undetermined future costs would constitute an advisory opinion; case is not ripe for judicial review. In addition, clean-up costs would not constitute funds necessary to "preserve" the estate pursuant to § 503(b)(1)(a); trustee had already declared intent to abandon pursuant to 11 U.S.C. § 554(a). Presence of unencumbered assets in the estate does not change this result.
DNR was not entitled to priority lien on environmentally contaminated property to pay for future clean-up costs. Absent clear statutory authority to do so, court refuses to fashion a remedy to redress environmental damage in light of fact that no evidence established that property presented imminent danger to public.
Statue/Rule References:
11 U.S.C. § 503 -- Administrative Expenses
11 U.S.C. § 554(a) -- Abandonment
Key Terms:
Abandonment
Administrative Expenses
Environmental Clean-Up Costs
Case Summary:
Plaintiff insurance company's claim that $638.26 it paid for damages done to house of its insured by debtor driving while intoxicated should be nondischargeable is dismissed. Debtor's actions did not constitute "willful and malicious" injury pursuant to 11 U.S.C. § 523(a)(6) because he did not intentionally or knowingly damage the insured's house. Drunk driving is not per se "willful and malicious." There may be fact situations involving drunk driving so egregious as to constitute "willful and malicious" injury, but this is not such a case. Agreeing with Cooper v. Noller (In re Noller), 56 B.R. 36 (Bankr. E.D. Wis. 1985).
Plaintiff's claim for nondischargeability pursuant to 11 U.S.C. § 523(a)(7) is likewise dismissed. First-time offense under Wis. Stat. § 346.63 (driving while intoxicated) is technically not a criminal act. State court judgment cannot therefore be found to be "payable to or for the benefit of a government unit" as required by § 523(a)(7).
11 U.S.C. § 523(a)(9) is inapplicable because this case involved damage to property rather than to a person.
Statue/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
11 U.S.C. § 523(a)(7) -- Nondischargeability - Fines/Penalties/Forfeitures
11 U.S.C. § 523(a)(9) -- Nondischargeability - Drunk Driving
Key Terms:
Drunk Driving
Fines/Penalties/Forfeiture
Willful and Malicious
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