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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
Statute/Rule References:
11 U.S.C. § 330 -- Compensation of Professionals
Key Terms:
Attorney Fees
Statute/Rule References:
11 U.S.C. § 507(a)(3) -- Priority of Claims - Wages
Key Terms:
Claims
Claims - Prioity
Judge Thomas S. Utschig
Case Summary:
11 U.S.C. § 553 does not create an independent right of setoff; it limits the use of setoff rights already available under state law. Before determining whether setoff was appropriate pursuant to § 553, state law right of setoff must first be established. That issue is a proper one for determination by a state court. Whether the language in defendant Agri-Supply's bylaws is sufficient to grant it a lien under Wisconsin law is a proper matter for state court determination.
Statue/Rule References:
11 U.S.C. § 553 -- Setoff
Key Terms:
Setoff
Case Summary:
Creditor (Snap-On Tools) did not lose its purchase money status in its security interest in tools sold to debtor so as to make its lien in the tools avoidable by the debtor. Case did not involve a cross-collateralization, after-acquired property clause or a consolidation of security interests. The only consolidation which occurred involved the outstanding balances from various purchases made by the debtor. Where security interest does not specify how payments are to be applied, court can apply the payments pursuant to Wisconsin's "first-in, first-out" payment provision -- Wis. Stat. Ann. § 422.418(3) (West 1988).
Statue/Rule References:
Wis. Stat. § 409.107 -- Purchase money security interest
Wis. Stat. § 422.418 -- Allocation of payments - "first in-first out"
Key Terms:
Security Interests - Allocation of Payments
Security Interests - Consolidation
Security Interests - Purchase Money
Case Summary:
Combined language contained in document entitled "SearsCharge Plus Security Agreement" and in sales receipts, both of which were signed by the debtor, was sufficient to grant defendant Sears a security interest [pursuant to Wis. Stats. Ann. §§ 409.105(m) and 409.203] in items of merchandise purchased by the debtors on credit.
Description of merchandise contained on the sales receipts signed by the debtor "reasonably identifies" the collateral for purposes of Wis. Stat. § 409.110.
Conduct of defendant Sears did not constitute commercial unconscionability under Wisconsin law.
Statue/Rule References:
Wis. Stat. § 409.105 -- Security Agreements
Wis. Stat. § 409.110 -- Security Agreements - Descriptions of Collateral
Wis. Stat. § 409.203 -- Security Interests - Attachment and Enforceability
Key Terms:
Security Interests - Creation
Unconscionability - Commercial
Case Summary:
In an action under § 523(a)(6), the debtor is not collaterally estopped from "relitigating" the "willful and malicious" issue on the basis of a prior finding by the Equal Rights Division of the Wisconsin Department of Industry, Labor and Human Relations that he discriminated against the defendant-counterclaimant on the basis of sex (maternity).
Statue/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
Key Terms:
Collateral Estopple
Willful and Malicious
Case Summary:
Novation of retail seller's purchase money security interest in household goods sold to debtor on credit did not occur upon the seller's assignment of the sale contract to a third-party finance company. Finance company had a close nexus with the retail seller which predated the sale of goods to the debtor. Sale was consummated by the seller in reliance on the finance company's pre-sale approval of a credit application submitted by the debtor.
Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance
Wis. Stat. § 409.107 -- Purchase Money Security Interest
Key Terms:
Novation
Security Interests -- Purchase Money
Case Summary:
Debtor's motion to avoid the lien of Sears in her washer and dryer pursuant to § 522(f)(2)(a) is denied. Issue of whether Sears was required to file a financing statement to perfect its interest pursuant to Wis. Stat. § 409.302(1)(d) is irrelevant for the court's analysis. Even an unperfected security interest remains valid and enforceable as between the parties to it. Fact that a purchase money security interest is unperfected does not destroy its purchase money status. Chapter 7 trustee took no position as to Sears' lien because the debtor claimed the property as exempt. Trustee thus did not take priority over the lien of Sears.
Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance
11 U.S.C. § 544 -- Trustee as Lien Creditor
Wis. Stat. § 409.107 -- Purchase Money Security Interest
Wis. Stat. § 409.302 -- Security Interests - Perfection
Key Terms:
Financing Statements – Perfection
Lien Avoidance
Security Interests – Perfection
Security Interests – Purchase Money
Case Summary:
Past taxes for which the debtor never filed a tax return are not dischargeable in bankruptcy. Citing 11 U.S.C. § 523(a)(1)(B)(i). Plaintiff debtors acknowledged that they did not file returns for the years in question. Granting IRS's motion for summary judgment is therefore warranted. Debtor's assignment of personal injury proceeds to the defendant IRS did not constitute a "filing" of a tax return for purposes of § 523(a)(1)(B)(i).
Statute/Rule References:
11 U.S.C. § 523(a)(1) -- Nondischargeability - Taxes
Key Words:
Summary Judgment
Taxes