Legal Opinion

Estate of Newgard Ex Rel. Newgard v. Bank of America

Court of Appeals of Wisconsin

Decided May 15, 2007No. 2007AP82-FTPublishedCited by 5 opinions

1Opinion of the CourtPeterson, J.

¶ 1. The Estate of Steven Newgard appeals an order allowing claims by Bank of America and Discover Financial Services (collectively, the Banks) against the Estate. The Estate argues the claims are barred under the Wisconsin Consumer Act to the extent that the records provided by the Banks did not show the individual transactions that made up the decedent's closing balance. We agree, reverse the order, and direct that on remand the court shall disallow the claims to the extent they are based on transactions not shown in the records provided.

Background

¶ 2. Steven Newgard died testate on March…

2Cases cited4 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Onalaska Electrical Heating, Inc. v. SchallerWisconsin Supreme Court · 1980
  3. Milwaukee County v. WaltherWisconsin Supreme Court · 1975
  4. Household Finance Corp. v. KohlCourt of Appeals of Wisconsin · 1993

3Cited by5 opinions

  1. Capital One Bank (USA), N.A. v. DenboerCourt of Appeals of Iowa · 2010
  2. Bank of America, N.A. v. Jean-Pierre C. RiffardCourt of Appeals of Wisconsin · 2025
  3. Bank of America, N.A. v. Jean-Pierre C. RiffardCourt of Appeals of Wisconsin · 2025
  4. Complete Prototype Services, Inc. v. Penda CorporationDistrict Court, W.D. Wisconsin · 2024
  5. Portfolio Recovery Associates, LLC v. Jeannie Duvall, Jeannie Duvall v. Portfolio Recovery Associates, LLC , Portfolio Recovery Associates, LLC v. Allease Riddle, Portfolio Recovery Associates, LLC v. Lorrena Terry, Allease Riddle v. Portfolio Recovery Associates, LLC, Portfolio Recovery Associates, LLC v. Lorrena TerryAlaska Supreme Court · 2025

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