United States Leather, Inc. v. City of Milwaukee (In Re United States Leather, Inc.)

AMENDED MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

M. DEE McGARITY, Bankruptcy Judge.

INTRODUCTION

On May 7, 2001, the debtor, United States Leather, Inc., commenced this adversary proceeding against the City of Milwaukee, seeking a declaratory judgment that certain prepetition obligations of the debtor for the payment of water and sewer charges are unsecured claims pursuant to 11 U.S.C. § 545(2). In its answer, the city denied the debtor’s allegations and asserted that the prepetition charges were a lien upon the debtor’s property at the time the services were incurred…