Wisconsin Statutes
Wis. Stat. § 128.05 (2026)
Assignee’s consent, recording copy of assignment
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128.05(1)(1) The assignee shall endorse in writing the assignee’s acceptance of the assignment, and shall file the assignment with the clerk of circuit court in the county where the debtor has his or her residence or principal place of business. The court shall, upon the filing of the assignment, order the assignee to administer the debtor’s estate pursuant to this chapter, and the assignee shall be vested with the powers of a receiver.
128.05(2)(2) A certified copy of an assignment filed under sub. (1) may be recorded in the office of the register of deeds of any county wherein lands are conveyed by the assignment in the same manner and with the same effect as other conveyances.
128.05 AnnotationAn assignee is a trustee for both the debtor and creditors but must look primarily to the interests of creditors. Voluntary Assignment of Linton v. Schmidt, 88 Wis. 2d 183, 277 N.W.2d 136 (1979).
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1955–2025 · leading case: ADMANCO, Inc. ex rel. Polsky v. 700 Stanton Drive, LLC, 2010 WI 76, 786 N.W.2d 759.
ADMANCO, Inc. ex rel. Polsky v. 700 Stanton Drive, LLC, 2010 WI 76, 786 N.W.2d 759. “Admanco encountered financial difficulties, and on December 30, 2004, Admanco assigned its assets *596 to Polsky for the benefit of creditors pursuant to Wis. Stat. § 128.05 . Also on December 30, 2004, Polsky was appointed as the receiver for Admanco's property pursuant to Wis.”
Candee v. Egan, 267 N.W.2d 890 (Wis. 1978). “A receiver appointed in aid of execution under Chapter 273, Stats., 1973, must not be confused with the receiver authorized under sec.”
BNP Paribas v. Olsen's Mill, Inc., 2011 WI 61, 799 N.W.2d 792. “Wis. Stat. § 128.05 (1). ¶ 41. To effectively administer the debtor's estate, the receiver must determine the debtor's assets and liabilities.”
Voluntary Assignment of Linton v. Schmidt, 277 N.W.2d 136 (Wis. 1979). “In accordance with sec. 128.05, Stats., this assignment was duly filed in the Circuit Court of Monroe county.”
In re Wisconsin Builders Supply Co., 136 F. Supp. 439 (E.D. Wis. 1955). “All estates, whether introduced into court by voluntary or involuntary procedure, must under the mandatory provisions of Section 128.05, be administered solely by a court appointed receiver.”
Seth E. Dizard v. Torro LLC, 21 N.W.3d 821 (Wis. Ct. App. 2025). “§ 128.05(1)). “To effectively administer the debtor’s estate, the receiver must determine the debtor’s assets and liabilities.”
Wis. Stat. § 128.05(1): 1 case
Seth E. Dizard v. Torro LLC, 21 N.W.3d 821 (Wis. Ct. App. 2025). “§ 128.05(1)). “To effectively administer the debtor’s estate, the receiver must determine the debtor’s assets and liabilities.”
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