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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 Rachel M. Blise -- 2021 - present
  • Judge William V. Altenberger -- 2016 - present
  • Judge Thomas M. Lynch -- 2018 - present
  • Judge Katherine M. Perhach -- 2020 - present
  • Judge Brett H. Ludwig -- 2017 - 2020
  • Judge Robert D. Martin -- 1990 - 2016
  • Judge Thomas S. Utschig -- 1986 - 2012
  • Judge William H. Frawley -- 1973 - 1986

Judge Robert D. Martin

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

Key Terms:
Exemptions


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

Key Terms:
Property of the Estate


Statute/Rule References:
11 U.S.C. § 363 -- Cash Collateral
14 U.S.C. § 552 -- Postpetition Effect of Security Interest

Key Terms:
Attorney Fees
Cash Collateral


Judge Thomas S. Utschig

Case Summary:
Reopening of bankruptcy case does not reinstate the automatic stay of § 362.  Debtor's case had been reopened solely for the limited purpose of determining whether enforcement of the stipulation between the debtor and his ex-wife was appropriate.

Statue/Rule References:
11 U.S.C. § 350(b) -- Reopening
11 U.S.C. § 362 -- Automatic stay

Key Terms:
Automatic Stay
Reopening


Case Summary:
IRS cannot assert defense of sovereign immunity in preference action by chapter 7 debtor.  Wages received by creditor during preference period pursuant to prepetition garnishment constitute a "transfer by the debtor of an interest in property" for purposes of § 547.  Equality of distribution among creditors is a fundamental tenet of the bankruptcy code and as such should take precedence over considerations of administrative efficiency.  Continuing levy concept does not save IRS garnishments from potential application of preference provision.

Statute/Rule References:
11 U.S.C. § 547 – Preference

Key Words:
Preferences
Sovereign Immunity


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