By: Derek Hawkins//December 5, 2017//
WI Court of Appeals – District IV
Case Name: Chad Gebhardt, et al. v. Bruce R. Bosben, et al.
Case No.: 2016AP2531
Officials: Sherman, Blanchard, and Fitzpatrick, JJ.
Focus: Exempt Transferred Interests
This case involves Bruce Bosben’s transfers of property interests to his wife, Gwen Bosben, and to an LLC owned solely by Bruce and Gwen at a time when a creditor was attempting to satisfy a money judgment against Bruce. We refer collectively to all rights, titles, interests, and assets in all of the entities and properties that Bruce transferred to Gwen and the LLC as the “transferred interests.” Bruce appeals a revised judgment of the circuit court denying Bruce’s claims that the transferred interests should be exempt from execution to satisfy the money judgment under WIS. STAT. § 815.18 (2015-16).
On appeal, Bruce challenges the portion of the revised judgment determining that the transferred interests are not exempt from execution because Bruce transferred the interests “with the intention of defrauding creditors.” See § 815.18(10). As a result of this exemption determination, the transferred interests could potentially be applied to satisfy the judgment. We reject the arguments made by Bruce, identified below, and, accordingly, affirm the revised judgment of the circuit court.