Judge Collins

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

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

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

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

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

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

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

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

McQuillen Place Co., LLC, In re

Ruling: 
Motion to convert to Chapter 11 granted where conversion was in the best interests of creditorsand the estate. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on December 09,2019, LexisNexis #0120-064

Frazier, In re

Ruling: 
Debtor was allowed to reconvert to Chapter 13 as debtor had asserted a real change ofcircumstances that would allow her to submit a feasible plan. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-070

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