BDC Grp., Inc., In re
Sep
10
2024
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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Court
:
- 11 U.S.C.
McClelland, In re--United States v. McClelland
Sep
05
2024
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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Court
:
Jencks, In re--Jencks v. AgVantage FS
Aug
26
2024
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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Court
:
- 28 U.S.C.
Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC
Aug
02
2024
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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Court
:
Wallace, In re
Aug
02
2024
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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Court
:
- 11 U.S.C.
Duncanson, In re--Duncanson v. Bank of N.D.
Jul
19
2024
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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Court
:
- 11 U.S.C.
JKW Enters., LLC, In re
Jun
07
2024
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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Court
:
- 11 U.S.C.
Mercy Hosp., In re
Jun
07
2024
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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Court
:
Vera T. Welte Testamentary Trust, In re
Jun
03
2024
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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Court
:
- 28 U.S.C.
Ewert, In re--Ewert v. United States Dep't of Educ.
Mar
18
2024
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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Court
: