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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
Judge Thomas S. Utschig
Case Summary:
Debtor's motion for valuation of the lien of the USA-FmHA at $21,000 is denied. Supreme Court's decision in Dewsnup v. Timm, 116 L. Ed. 2d 903 (1992), prevents chapter 7 debtors from "stripping down" the lien of a creditor to the judicially determined value of the collateral. Debtors' attempts to distinguish Dewsnup on its facts are without merit.
Statue/Rule References:
11 U.S.C. § 506(d) -- "Strip Down"
Key Terms:
“Strip Down”
Case Summary:
Complete liquidation of partnership assets is not required in order for winding up and termination of the partnership to occur. Debtors, members of a terminated family farm partnership, each qualify as a "debtor" for purposes of Wisconsin's exemption statute.
Exemption rights are determined based on circumstances present at the time of filing of the bankruptcy petition. Fact that debtors were engaged in farming at time of filing and have expressed a desire to continue doing so is sufficient to entitle them to an exemption in farm machinery.
Statue/Rule References:
Wis. Stat. § 815.18 – Exemptions
Key Terms:
Exemptions
Partnerships
Case Summary:
Security interest of objecting creditors did not have purchase money status so as to warrant denial of debtors' motion to avoid the creditors' lien in a Ford tractor. Mere fact that creditors were co-makers on a note, part of the proceeds of which were used to pay off the balance on their son's tractor, did not give them an interest in that tractor. Creditors therefore did not "give value" for purposes of Wis. Stat. § 409.107, the Wisconsin purchase money security interest provision.
Statue/Rule References:
Wis. Stat. § 409.107 -- Purchase Money Security Interest
Key Terms:
Security Interests - "Giving Value"
Security Interests - Purchase Money
Case Summary:
The "applicable nonbankruptcy law" language of § 541(c)(2) includes ERISA's anti-alienation provisions. Debtors' pension plan account is therefore excluded from the bankruptcy estate. Alternatively, § 815.18(31) of the Wisconsin statutes "relates to" ERISA plans for purposes of 29 U.S.C. § 1144(a) but is saved from preemption pursuant to § 414(d) of ERISA [29 U.S.C. § 1144(d)]. Preempting Wis. Stat. § 815.18(31) would modify or impair § 522(b) of the bankruptcy code in contravention of 29 U.S.C. § 1144(d). Debtors' pension plan account is therefore exempted from the bankruptcy estate pursuant to Wis. Stat. § 815.18(31). Alternatively, ERISA's anti-alienation provision constitutes "other federal law" pursuant to 11 U.S.C. § 522(b)(2)(a). The debtors' pension plan account is therefore exempted from the claim of the bankruptcy trustee pursuant to § 522(b)(2)(a).
Statue/Rule References:
11 U.S.C. § 522(b) -- Exemptions - State Law
11 U.S.C. § 541 -- Property of the Estate
Wis. Stat. § 815.18 -- Exemptions
Key Terms:
ERISA
Exemptions