Apr
22
2021
Welte Testamentary Trust, In re
Ruling:
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on April 22,2021, LexisNexis #0621-030
Mar
30
2021
McQuillen Place Co., In re
Ruling:
Trustee's proposed sale and settlement of claim was approved as fair, reasonable, and in thebest interest of the bankruptcy estate. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on March 30,2021, LexisNexis #0521-075
Feb
05
2021
Wedig, In re
Ruling:
Incarceration was not grounds for waiver of credit counseling requirement. (Bankr. S.D. Iowa)
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Consumer case opionion summary, case decided on February 05,2021, LexisNexis #0421-027
Feb
25
2021
McLachlan, In re
Ruling:
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-003
Feb
25
2021
Vanhorn, In re--Upper Explorerland Reg'l Planning Comm'n v. Vanhorn
Ruling:
Creditor was not entitled to summary judgment that his claim was nondischargeable ongrounds of willful and malicious injury as he did not show that debtor intended to causeplaintiff financial harm. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-009
Nov
30
2020
Kurtenbach, In re
Ruling:
Court granted an oversecured creditor's application for attorneys' fees and costs but reducedthe amount requested by 30% finding the request amount unreasonable. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on November 30,2020, LexisNexis #0121-059
Apr
30
2020
Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes
Ruling:
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 30,2020, LexisNexis #0620-074
Apr
28
2020
Devries, In re
Ruling:
Chapter 12 debtors with capital gains tax could obtain a refund of withheld income taxes tothe bankruptcy estate. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-071
Apr
24
2020
Freed, In re
Ruling:
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 24,2020, LexisNexis #0620-035
Mar
31
2020
Merchant, In re--Kohn v. Merchant
Ruling:
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-084
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