Appeal of Mann v. Bankruptcy Estate of Badger Lines, Inc.

¶ 1. This case is before the court on a certified question from the United States Court of Appeals for the Seventh Circuit. Wis. Stat. § 821.01 (1995-96); 1 7th Circuit R. 52. The essen tial question before this court 2 is whether a creditor who initiates supplementary proceedings under chapter 816 must do more than serve a debtor with notice to appear in order to obtain a superior lien that cannot be overcome by another creditor on a simple contract. Because we are persuaded both by authority from other jurisdictions and by public policy considerations, we conclude that a creditor's lien is…