Legal Opinion · Dissent

Associated Bank N.A. v. Jack W. Collier

Wisconsin Supreme Court

Decided July 15, 2014No. 2011AP002597Published

1DissentShirley S. Abrahamson, C.J.

¶ 62. {dissenting). The majority opinion reaches its erroneous conclusion today by operating in its own imaginary world, divorced from reality.

¶ 63. In the real world, our courts have recognized for the last 150 years a judgment creditor's common-law equitable lien, superior to other creditors, created by service of notice of a supplementary proceeding upon a judgment debtor on the debtor's non-exempt personal property. In the real world, creditors and debtors have relied upon this judgment creditor's common-law equitable lien. In the real world, the parties in the instant case dispute the…

2Cases cited16 opinions

  1. Kurtz v. City of WaukeshaWisconsin Supreme Court · 1979
  2. In re Badger Lines, Inc.Court of Appeals for the Seventh Circuit · 1998
  3. Heritage Farms, Inc. v. Markel InsuranceWisconsin Supreme Court · 2012
  4. In re MilburnWisconsin Supreme Court · 1883
  5. Bragg v. GaynorWisconsin Supreme Court · 1893

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