Debtor-creditor – supplemental proceedings — after-acquired property — priority

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Wisconsin Court of Appeals

Civil

Debtor-creditor – supplemental proceedings — after-acquired property — priority

Heartland Wisconsin Corp. appeals from an order denying its motion for summary judgment and granting summary judgment to Town Bank. Heartland argues that the circuit court erred when it held that Town Bank has priority to funds held in escrow by Attorney’s Title Guaranty Fund, Inc. Heartland contends that Town Bank does not have an enforceable creditor’s lien because the supplemental commissioner’s order at issue in this case and proof of service of that order were not filed with the clerk of court in accordance with Wis. Stat. § 816.035 (2009-10) and because such a lien does not attach to personal property acquired after a Wis. Stat. ch. 816 supplementary proceeding has been held. We conclude that Town Bank has an enforceable creditor’s lien that includes a right to the debtor’s property acquired subsequent to the supplementary proceeding. We affirm. Not recommended for publication in the official reports.

2011AP2774 Attorney’s Title Guaranty Fund Inc. v. Town Bank, et al.

Dist II, Waukesha County, Davis, J., Gundrum, J.

Attorneys: For Appellant: Hutchinson, David H., New Berlin; For Respondent: Cisar, David I., Milwaukee; Mullaney, Peter F., Milwaukee