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District of iowa

BDC Grp., Inc., In re

Ruling
Creditor's lien on general intangibles did not extend to post-petition avoidance proceedings. (Bankr. N.D. Iowa)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on September 10, 2024 , LexisNexis #1124-061

McClelland, In re--United States v. McClelland

Ruling
Debt was nondischargeable as debtor obtained Social Security overpayment through false pretenses and with the intent to deceive the SSA. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 05, 2024 , LexisNexis #1124-058

Jencks, In re--Jencks v. AgVantage FS

Ruling
Debtors could not avoid a judicial lien on alleged homestead property due to their failure to disclose their purchase of and residence in a new property shortly before the petition date resulting in abandonment of the homestead exemption in the liened property. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-009

Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC

Ruling
Venue was proper as the Chapter 7 trustee's avoidance action arose under the BankruptcyCode. (Bankr. N.D. Iowa)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-023

Wallace, In re

Ruling
Court rejected debtors’ “sovereign citizen” type arguments in granting creditor relief from theautomatic stay. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-004

Duncanson, In re--Duncanson v. Bank of N.D.

Ruling
Court discharged bank's educational expenses loan due to undue hardship on debtor. (Bankr.N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 19, 2024 , LexisNexis #0924-065

JKW Enters., LLC, In re

Ruling
Court granted trustee's motion to dismiss debtors' bankruptcy case for bad faith as debtorswere unable to meet current expenses and had a negative cash flow. (Bankr. N.D. Iowa)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-041

Mercy Hosp., In re

Ruling
Plan's classification, indemnification, exculpation, and injunction provisions had beennegotiated in good faith and at arm's length. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-019

Vera T. Welte Testamentary Trust, In re

Ruling
Chapter 12 petition filed by a trust was dismissed as the debtor was an ordinary testamentarytrust, not a business trust, and therefore it was not an eligible debtor. (Bankr. N.D. Iowa)
Issue(s)
Who May Be a Debtor; Chapter 12.

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Commercial opinion summary, case decided on June 03, 2024 , LexisNexis #0824-001

Ewert, In re--Ewert v. United States Dep't of Educ.

Ruling
Venue was improper where debtor did not reside in the district for 180 days prior to filing.(Bankr. N.D. Iowa)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on March 18, 2024 , LexisNexis #0524-074