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Northern District

Schnittjer v. Burke Constr. Co. (In re Drahn)

The debtors filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff, a chapter 7 trustee, filed an action against defendant company to avoid a postpetition transfer, for turn over, and for other relief, pursuant to 11 U.S.C.S. §§ 549 and 550.
Ruling: 
Trustee's motion for turnover of proceeds of postpetition transfer of mobile home was subject to creditor's security interest.
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Consumer case opionion summary, case decided on April 29,2009, LexisNexis #0709-017

In re Duffy

An attorney who represented debtors throughout their chapter 13 case requested additional compensation for services rendered, and the trustee filed an objection.
Ruling: 
Additional attorneys' fees approved after analysis under lodestar method.
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Consumer case opionion summary, case decided on March 31,2009, LexisNexis #0509-003

Tokheim v. Georgia-Pacific Gypsum LLC

Plaintiff former employee filed suit against defendant former employer alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and the Iowa Civil Rights Act, Iowa Code ch. 216. The employer moved for summary judgment.
Ruling: 
Title VII cause of action not disclosed during debtor's chapter 13 case dismissed.
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Consumer case opionion summary, case decided on March 31,2009, LexisNexis #0509-033

Mitchell v. Bigelow (In re Mitchell)

Plaintiff creditor sought to reopen defendant debtor's chapter 7 case following discharge, alleging that he had a claim against the debtor and that pursuant to 11 U.S.C.S. § 523(a)(3), that claim was excepted from discharge because he was a known creditor and the debtor failed to provide adequate notice.
Ruling: 
Court refused to reopen case to allow late claim reasonably omitted by debtor where creditor had sufficient notice.
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Consumer case opionion summary, case decided on March 30,2009, LexisNexis #0509-029

Kwik-Way Prods. Inc.

Debtor's landlord asserted an administrative claim for postpetition rent. Debtor objected.
Ruling: 
Debtor's objection to landlord's administrative expense claim overruled as inconsistent with confirmed chapter 11 plan.
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Commercial case opionion summary, case decided on March 23,2009, LexisNexis #0509-080

Rohde v. Rohde

Debtors, a husband and wife, filed a petition under chapter 7 of the Bankruptcy Code, and plaintiff U.S. Trustee (UST) filed an adversary proceeding against defendant husband, seeking an order denying the husband's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
Ruling: 
Discharge denied due to debtor's false statements and failure to account for embezzled funds.
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Consumer case opionion summary, case decided on February 25,2009, LexisNexis #0409-086

In re Tarnowski

The debtors filed for relief under chapter 7 of the Bankruptcy Code. The debtors sought to reaffirm a debt to a creditor for the financing of the debtors' vehicle.
Ruling: 
Reaffirmation agreement could not be approved due to debtor's lack of fixed salary and failure to exhaust less expensive options.
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Consumer case opionion summary, case decided on February 11,2009, LexisNexis #0309-118

In re Byers

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor sought approval of a reaffirmation agreement between the debtor and a creditor, pursuant to 11 U.S.C.S. § 524(c). The debtor was represented by counsel.
Ruling: 
Approval of reaffirmation agreement denied due to failure to rebut presumption of undue hardship.
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Consumer case opionion summary, case decided on February 11,2009, LexisNexis #0309-119

Jackson v. Bryant (In re Bryant)

Plaintiff, defendant debtor's former spouse, filed an adversary proceeding seeking a determination that marital debts were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (a)(15).
Ruling: 
Marital debts were nondischargeable where debtor cited only state of economy as cause of possible reduced future earnings.
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Consumer case opionion summary, case decided on February 03,2009, LexisNexis #0309-063

Pearce v. E.L.W. Corp. (In re Pearce)

Plaintiff debtor filed an adversary proceeding against defendant creditor for sanctions for violation of the automatic stay under 11 U.S.C.S. § 362 and the permanent injunction under 11 U.S.C.S. § 524(a).
Ruling: 
Creditor subcontractor's contacting police to commence criminal charges against debtor violated stay.
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Consumer case opionion summary, case decided on January 27,2009, LexisNexis #0309-006

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