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Northern District

Bennett, In re

Ruling: 
11 U.S.C.S. § 1322(b)(2) did not bar debtors from stripping down a creditor’s secured claim on a manufactured home that was debtors' principle residence as it was not a real property under Iowa Law. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 20,2017, LexisNexis #0517-109

In re Tate

Ruling: 
Debtor's motion to reimpose stay for third bankruptcy granted as debtor showed clear andconvincing evidence that case was filed in good faith. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 28,2016, LexisNexis #0117-098

Fern v. FedLoan Servicing (In re Fern)

Ruling: 
Unemployed debtor with three children whose situation was unlikely to improve granted anundue hardship discharge of student loan debt. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of Fern v. FedLoan Servicing (In re Fern). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 22,2016, LexisNexis #1116-120

In re Dittrick

Ruling: 
Relief from stay granted where many of debtor’s checks sent to creditor were dishonored andreturned. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of In re Dittrick. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 01,2016, LexisNexis #1116-109

McGrew v. IRS (In re McGrew)

Ruling: 
Tax debt was discharged where IRS could not demonstrate debtor failed to file a return.(Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of McGrew v. IRS (In re McGrew). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 13,2016, LexisNexis #1116-043

In re Vantiger-Witte

Ruling: 
Debtor’s second plan confirmed over objection of United States where new information aboutdisposition of loan collateral had become available and negated bad faith. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of In re Vantiger-Witte. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 12,2016, LexisNexis #1016-032

James v. Younes (In re Younes)

Ruling: 
Hold harmless and indemnity provision in divorce decree was nondischargeable but debtor’sdirect obligations to third parties were not. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of James v. Younes (In re Younes). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 10,2016, LexisNexis #0916-122

Peoples Sav. Bank v. Pitz (In re Pitz)

Ruling: 
Cash out and transfer of proceeds of crops in which creditor had a security interest was a basis for nondischargeability on grounds of embezzlement or larceny.
ABI Membership is required to access the full summary of Peoples Sav. Bank v. Pitz (In re Pitz). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 13,2016, LexisNexis #0516-086

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