Attorney's Title Guaranty Fund, Inc. v. Town Bank

¶ 47. (dissenting). I agree with the majority opinion that the proceeds of a legal malpractice claim may be used as collateral to secure a loan under Article 9 of the Uniform Commercial Code. Majority op., ¶¶ 18-24.1 It is unclear from the record whether the malpractice claim in question existed at the time of service of the notice of the supplementary proceedings.2

*252¶ 48. Relying on In re Badger Lines, Inc., 224 Wis. 2d 646, 590 N.W.2d 270 (1999), the court of appeals concluded that Town Bank acquired a common-law equitable lien superior to Heartland's interest.

¶ 49. Relying on its decision in…