Legal Opinion

Official Comm. of Unsecured Creditors of Great Lakes Quick Lube LP v. Theisen

Court of Appeals of Wisconsin

Decided October 30, 2018No. Appeal No. 2018AP333PublishedCited by 2 opinions

1Opinion of the CourtBrennan, J.

¶ 1 *584This is an appeal of an order that granted summary judgment and dismissed as time-barred a WIS. STAT. § 242.04(1)(a) (2015-16)1 claim alleging a fraudulent transfer. WISCONSIN STAT. § 893.425 bars "an action with respect to a fraudulent transfer or obligation under ch. 242" that is not commenced within one year after claimants "could reasonably have ... discovered" it. This case requires us to interpret what the legislature intended by *359§ 893.425 and to apply the statute to a motion for summary *585judgment. The plaintiff argues that the statute creates a discovery-of-the-fraud rule-where the…

2Cases cited33 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  3. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  4. United States v. Tabor Court Realty Corp.Court of Appeals for the Third Circuit · 1986
  5. United States v. Gleneagles Investment Co.District Court, M.D. Pennsylvania · 1983

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3Cited by2 opinions

  1. Pentagon Federal Credit Union v. PoorianAppellate Court of Illinois · 2024
  2. Seth E. Dizard v. Torro LLCCourt of Appeals of Wisconsin · 2025

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