Katherine M. Perhach

Trial Court and Appellate Decisions

  • Bank of New York v. Shirley T. Carson, 2013 AP000544 (pending) - Wisconsin Supreme Court grants petition for review of Court of Appeals’ decision holding that circuit court can compel a lender with a foreclosure judgment to take an abandoned property to sheriff’s sale.
  • Bank of America, N.A. v. Gary L. Fineout, 2012AP002394 (Wis. Ct. App. 2014) - affirming entry of foreclosure judgment and full dismissal of mortgage banking and unconscionability counterclaims brought by borrowers.
  • Schmid v. Bank of America, N.A., 498 B.R. 221 (W.D. Wis. 2013), aff’ing 494 B.R. 737 (Bankr. W.D. Wis.) - affirming bankruptcy court’s decision that debtor’s fraud claim and late challenge to standing to foreclose was barred by Rooker-Feldman doctrine and holding that debtor’s objection to bank’s proof of claim was core proceeding and that bankruptcy court could enter final judgment on debtor’s objection to bank’s proof of claim.
  • BAC Home Loans Servicing v. Michael J. Williams, 2010AP002334 (Wis. Ct. App. 2011) - affirming full dismissal of Real Estate Settlement Procedures Act (“RESPA”), Truth in Lending Act (“TILA”), lender liability, and negligence counterclaims brought by borrowers in response to foreclosure litigation.
  • Brian Psicihulis v. Michael Samarzja, 2010AP001130 (Wis. Ct. App. 2011) - affirming circuit court’s decision after bench trial that easement on plat map did not permit Defendants to place a pier off of the easement.
  • Lenee Cole v. American Education Services, 2007 WL 3275126 (Bankr. W.D. Wis. 2007) - vacating default judgment for lack of personal jurisdiction due to ineffective service of process.
  • Richard F. Wisniewski v. Weather Shield Mfg., Inc., 2007AP002172 (Wis. Ct. App. 2007) - dismissing appeal of window warranty case for lack of jurisdiction due to Plaintiff's failure to timely file notice of appeal.
  • In re American Pad & Paper Co., 478 F.3d 546 (3d Cir. 2007) - affirming bankruptcy court’s and district court’s dismissal of bankruptcy trustee’s $2.3M preference lawsuit on the grounds that it was barred by the statute of limitations.
  • C&S Management, Inc. v. Community Development Authority, 2005AP002720 (Wis. Ct. App. 2005) - affirming circuit court’s decision that landowner had been provided with a comparable replacement property under Wisconsin’s eminent domain law.
  • Satellite Communications Co. v. Motorola, Inc., 2003AP000996 (Wis. Ct. App. 2003) - affirming circuit court’s decision that Plaintiff was not a "dealership" under the Wisconsin Fair Dealership Law.
  • United States v. Danser, 270 F.3d 451 (7th Cir. 2001) - reversing district court’s decision to impose consecutive terms of supervised release instead of concurrent terms of supervised release.