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

Dale L. Lenser v. Monica B. Zelenka (In re Lenser), Adv. No. 92-5001, Case No. 91-51990-7 (05/15/1992) -- Judge Thomas S. Utschig 05/15/1992

Case Summary:
Although state courts have concurrent jurisdiction to determine dischargeability issues, this court will retain jurisdiction to determine whether the debts arising from the state court divorce decree are dischargeable in the debtor-husband's bankruptcy. Such issues are frequently determined by this court and the debtor's bankruptcy case had not yet been closed at the time he filed this adversary proceeding. Considerations of judicial economy, efficiency and expediency warrant the court's retention of jurisdiction in this matter.

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

Key Terms:
Jurisdiction

In re Bringe, Case No. 90-02186-12 (05/15/1992) -- Judge Thomas S. Utschig 05/15/1992

Case Summary:
IRS was provided with adequate notice of debtors' bankruptcy even though the notice contained a one-digit error in Mr. Bringe's social security number and did not contain his employee identification number. The notice contained the correct names and address of the debtors as well as Mrs. Bringe's correct social security number. Citing Fed. R. Bankr. P. 1005 & 2002.

IRS claim was filed almost one year after the deadline and the debtors have already made payments pursuant to their chapter 12 plan. Allowing the late-filed claim would harm the debtors and the unsecured creditors holding allowed claims. Trustee's objection to IRS's claim is therefore granted and the claim is disallowed. Citing Fed. R. Bankr. P. 9006.

Statute/Rule References:
Fed. R. Bankr. P. 2002 -- Notice of Bankruptcy
Fed. R. Bankr. P. 3002(c) -- Time for Filing Proof of Claim
Fed. R. Bankr. P. 3003(c) -- Filing Proof of Claim
Fed. R. Bankr. P. 9006 -- Time

Key Words:
Claims -- Late Filed
Notice -- Adequacy/Lack Of

In re Rynearson, Case No. 91-21850-7 (04/06/1992) -- Judge Thomas S. Utschig 04/06/1992

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”

In re Wundrow, Case No. 91-12895-7, 91-12896-7, 91-12899-7 (01/24/1992) -- Judge Thomas S. Utschig 01/24/1992

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