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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:
12 U.S.C. § 552 -- Postpetition Effect of Security Interest

Key Terms:
Cash Collateral


Statute/Rule References:
16 U.S.C. § 1325 -- Confirmation of Chapter 13 Plan

Key Terms:
Claims


Statute/Rule References:
Wis. Stat. § 815.20 -- Homestead Exemption

Key Terms:
Exemptions


Statute/Rule References:
Fed. R. Bankr. P. 3006 -- Withdrawal of Claim

Key Terms:
Claims


Statute/Rule References:
11 U.S.C. § 502 -- Allowance of Claims

Key Terms:
Claims - Contingent


Judge Thomas S. Utschig

Case Summary:
Plaintiff oil company's adversary proceeding filed to compel trustee to avoid lien of IRS on debtor's vehicles, inventories and accounts receivables in order to fund plaintiff's administrative claim under 11 U.S.C. § 546(c) is dismissed.  Plaintiff sold gasoline and fuel oil to debtor and sought reclamation pursuant to § 546(c) and Wis. Stat. § 402.702(2).  Plaintiff did not have a right of reclamation under Wisconsin law; its petroleum products were sold by debtor to good-faith purchaser before plaintiff made its demand for reclamation.

Statue/Rule References:
11 U.S.C. § 546(c) -- Right of Reclamation
Wis. Stat. § 406.702(2) -- Right of Reclamation

Key Terms:
Reclamation – Right Of


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