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In re Schrandt

Mar
20
2006
Ruling
Debtors failed to overcome the prima facie evidence of the validity of the creditor's claim.
Procedural posture

Bankruptcy debtors'plan was confirmed and the trustee's claims report allowed a creditor's claim secured by the debtors'automobile and the creditor's unsecured claim for the balance of the amount owed which was greater than the value of the vehicle. The debtors objected to allowance of the unsecured portion of the claim, asserting that the creditor agreed to waive the unsecured claim.

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opinion summary, case decided on March 20, 2006 , LexisNexis #0406-032
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In re Crowder

Mar
17
2006
Ruling
Attorney was ordered to return half of the fees the debtor paid to the attorney since the fees exceeded the reasonable value of the rendered services.
Procedural posture

In a chapter 13 matter, the court, on its own motion, scheduled a hearing to examine the professional compensation of debtors'former attorney. The matter was pending decision.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-010
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Fliss v. Iowa Dept of Revenue (In re Fliss)

Mar
08
2006
Ruling
Debtors' state income tax liabilities were deemed nondischargeable since the debtor had intentionally omitted embezzled money from the debtors'state tax returns.
Procedural posture

Plaintiff debtor filed a chapter 7 petition. The debtor brought an action against defendant Iowa Department of Revenue ("IDR") to determine that her income tax liabilities to the state of Iowa were discharged. The IDR asked that the unpaid taxes be excepted from discharge because her tax returns were fraudulent and because she willfully attempted to evade or defeat the taxes.

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opinion summary, case decided on March 08, 2006 , LexisNexis #0306-123
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In re Anderson

Feb
06
2006
Ruling
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
Procedural posture

Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.

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opinion summary, case decided on February 06, 2006 , LexisNexis #0206-054
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