Judge Collins

Capron v. Cedar Rapids Elec. Apprenticeship Training & Educ. Trust (In re Capron)

This adversary matter arose from plaintiff debtor's Complaint to determine dischargeability of debt under 11 U.S.C.S. § 523(a)(8), and defendant creditor's counterclaim for declaratory relief. The court held a trial and took the matter under advisement.
Ruling: 
Debt incurred in electronic apprenticeship program was a nondischargeable educational loan.
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0711-124

In re Johnson

This matter came before the court on the chapter 13 trustee's objection to confirmation of debtor's chapter 13 plan.
Ruling: 
Objection to above-median debtor's plan overruled due to 100 percent return to unsecured creditors and absence of bad faith.
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Consumer case opionion summary, case decided on May 03,2011, LexisNexis #0611-032

In re Moffet

This matter came before the court on the Chapter 13 Trustee's objection to confirmation of debtor's Chapter 13 Plan.
Ruling: 
Confirmation denied due to reliance on speculative source for 100 percent dividend to creditors.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0411-130

In re Bartz

Movant, the chapter 7 debtor and a carpenter/construction worker, sought to reaffirm the debt securing his 2009 Chevrolet Silverado pickup truck. According to debtor's filed reaffirmation agreement, the presumption of undue hardship arose under 11 U.S.C.S. § 524(c)(6)(A).
Ruling: 
Reaffirmation agreement could not be approved due to failure to rebut presumption of undue hardship.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-055

In re Smith

Before the court was debtors' Motion for Approval of Reaffirmation Agreement.
Ruling: 
Agreement for reaffirmation of unsecured debt to credit union approved.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-053

In re Roberts

A Chapter 7 trustee filed an objection to a debtor's claim of a homestead exemption on the grounds that she abandoned her homestead under Iowa law. The trustee also argued that the debtor was not entitled to use the Iowa homestead exemption extraterritorially for California property.
Ruling: 
Trustee's objection to debtor's homestead exemption overruled as untimely raised.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-139

In re Forkner

Chapter 7 debtors filed a motion for sanctions against creditor collection agent, seeking the return of funds garnished from debtor husband's wages, and also sought sanctions for violations of the automatic stay, including actual damages and punitive damages from Mr. Harvey under 11 U.S.C.S. § 362(k). The creditor was in the process of executing on a state court judgment against the debtors when he obtained knowledge they had filed a petition.
Ruling: 
Creditor's retention of pre- and postpetition garnished wages resulted in damages for violation of stay.
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Consumer case opionion summary, case decided on December 22,2010, LexisNexis #0111-075

In re Richter

The trustee and creditor, the IRS, moved for the dismissal of the debtors' chapter 13 bankruptcy case under 11 U.S.C.S. § 109(g)(2) because the case was filed within 180 days of the debtors' voluntary dismissal of a previous case after a creditor requested relief from stay. The debtors argued that § 109(g)(2) was not intended to apply on the facts and that it would be inequitable for the court to dismiss their case.
Ruling: 
Bankruptcy court did not dismiss case filed within 180 days of prior dismissal issued after creditor filed motion for relief from stay which was settled by surrender of collateral.
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Consumer case opionion summary, case decided on October 22,2010, LexisNexis #1110-072

In re Rojas-Neira

After a bankruptcy debtor's case was dismissed for failure to file completed schedules, statements, and disclosures, the case was reinstated and new counsel for the debtor was appointed at the request of the U.S. Trustee, and the Trustee moved for an examination of the compensation paid to the debtor's former counsel.
Ruling: 
Debtor's attorney ordered to disgorge all but small portion of fees where services were of minimal value to estate.
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Consumer case opionion summary, case decided on September 22,2010, LexisNexis #1010-074

In re Stambaugh

Debtors filed a petition under chapter 7 of the Bankruptcy Code in March 2004 and received a discharge in August 2004. Nearly six years later, on April 12, 2010, the U.S. Trustee (UST) asked the court to reopen the debtors' case, and after the court granted the UST's motion, the chapter 7 trustee sought permission to sell an interest in real property one of the debtors inherited in May 2004. The debtors opposed the motion.
Ruling: 
Trustee, in reopened case, authorized to sell interest in property inherited by debtor prior to discharge.
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Consumer case opionion summary, case decided on September 17,2010, LexisNexis #1010-104

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