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Wis. Stat. § 128.15

Objections to claims; appeal; secured claims

Applied in 4 court decisions — leading case ADMANCO, Inc. ex rel. Polsky v. 700 Stanton Drive, LLC (2010)

Most recently applied in BNP Paribas v. Olsen's Mill, Inc. (July 2011)

1983 a. 219; 1997 a. 253.

How often courts cite this section

20092010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1)

(a) At the expiration of the period of time limited for the filing of claims, the receiver or assignee shall file all of the following with the clerk of circuit court: 1. Proof of publication of the notice required under s. 128.14 (1). 2. A list of the creditors to whom the notice was given that includes the debts owed to the creditors, verified by an affidavit. 3. A list of claims filed stating the name and residence of and amount claimed by each creditor who has filed a claim.

(b) At any time after the expiration of the period of time limited for the filing of claims, the receiver or assignee or, upon the receiver’s or assignee’s refusal or failure to act, any creditor may file written objections to any claim specifying the grounds for the objection. The party filing the objection shall serve a copy of the objection upon the claimant as ordered by the court. Depositions may thereafter be taken as in civil actions. The court, on the application of either party, shall enter an order fixing a time when the objections shall be heard, which shall be served upon the adverse party as prescribed in the order. Upon the final hearing the court shall make such order as shall be just and may compel the payment of costs.

(2) Claims of secured creditors may be allowed to enable such creditors to participate in the proceedings but shall be allowed for such sums only as shall be proved to be due, over and above the value of the securities, and dividends shall be paid only upon the excess of the claim over the value of the security at the time of the commencement of the proceedings.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.