Statute/Rule References:
11 U.S.C. § 541 -- Property of the Estate
Key Terms:
Fraud
Fraud - Fiduciary Capacity
Willful and Malicious - Defined
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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. § 506(d) -- Lien Valuation and Strip Down
Key Terms:
"Strip Down"
Statute/Rule References:
11 U.S.C. § 506(a) -- Determination of Secured Status
Key Terms:
"Strip Down"
Statute/Rule References:
11 U.S.C. § 1322 -- Mortgage Protection
Key Terms:
"Strip Down"
Statute/Rule References:
Wis. Stat. § 815.18 -- Exemptions
Key Terms:
Exemptions
Judge Thomas S. Utschig
Case Sumamry:
Chapter 11 debtor can properly schedule a previously discharged debt and include it in her reorganization plan. Citing Johnson v. Home State Bank, 111 S. Ct. 2150 (1991). Effect of § 1111(b) election by the creditor is to secure its claim to the full extent to which it is allowed, notwithstanding the value of the collateral as determined under §506(a). Fact that debtor's personal liability had been previously discharged in a prior chapter 7 proceeding does not change this result.
Statute/Rule References:
11 U.S.C. § 1111(b) -- Claims and Interests
Key Words:
Discharge
Case Summary:
Anti-discrimination provision of § 525(a) can apply to the denial by the ASCS/CCC of a request to participate in the Conservation Reserve Program. CRP contracts are executory contracts for purposes of § 365.
Denial of debtors' application to participate in the CRP program was not done "solely" on the basis of their bankruptcy and was therefore not in violation of anti-discrimination provision of § 525.
Statue/Rule References:
11 U.S.C. § 365 -- Executory Contracts
11 U.S.C. § 525 -- Bankruptcy Discrimination
Key Terms:
Agricultural Programs
Conservation Reserve Program
Discrimination
Executory Contracts
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