Northern District

IBEW Local 231 v. Pottebaum (In re Pottebaum)

Ruling: 
Debt based on debtor's responsibility for employee withholdings under ERISA was dischargeable absent necessary state of mind for defalcation or embezzlement.
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Consumer case opionion summary, case decided on October 09,2013, LexisNexis #1113-048

In re Civic Partners Sioux City LLC

Ruling: 
Confirmation denied on feasibility grounds due to insufficient funding.
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Commercial case opionion summary, case decided on October 07,2013, LexisNexis #1113-031

Monk v. LSI Title Co. of Or. LLC (In re Monk)

Ruling: 
Mortgage was not discharged due to trustee's failure to properly serve objection on mortgagee.
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Consumer case opionion summary, case decided on August 09,2013, LexisNexis #0913-034

Du Trac Cmty. Credit Union v. Hefel (In re Hefel)

Ruling: 
Discharge revoked due to undervaluation of property, failure to schedule assets and false statements.
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Consumer case opionion summary, case decided on August 05,2013, LexisNexis #0813-129

In re Grover

Ruling: 
Above median debtor's case dismissed due to presumption of abuse and totality of circumstances.
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Consumer case opionion summary, case decided on August 02,2013, LexisNexis #0913-025

In re Tanner

A chapter 13 debtor filed an objection to a creditor's proof of claim.
Ruling: 
Late filed proof of claim allowed in amount limited to that provided for in confirmed plan.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-081

In re Vegt

Chapter 12 debtors filed a motion for authority to use cash collateral under 11 U.S.C.S. § 363. A secured creditor filed a motion to modify the automatic stay under 11 U.S.C.S. § 362(c)(1)-(2) or alternatively dismiss the chapter 12 cases. A second secured creditor filed a motion for relief from the stay.
Ruling: 
Relief from stay granted as to chapter 12 debtor's farm property not necessary to effective reorganization.
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Consumer case opionion summary, case decided on April 30,2013, LexisNexis #0513-074

In re Cornish

Creditor bank filed a motion to lift the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(1) and (2), for the purpose of foreclosing on debtors' real estate. Debtors resisted the motion.
Ruling: 
Stay lifted to allow foreclosure as mortgage granted by debtor life tenants was valid.
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Consumer case opionion summary, case decided on April 24,2013, LexisNexis #0513-112

In re Hansen

Credit union filed a complaint against chapter 7 debtor seeking to except a debt from discharge under 11 U.S.C.S. § 523(a)(4) based on losses it sustained from the debtor's alleged embezzlement from his employer.
Ruling: 
Credit union's claim for losses sustained from debtor's embezzlement from employer was nondischargeable.
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Consumer case opionion summary, case decided on April 19,2013, LexisNexis #0513-049

First United Bank & Trust Co. v. Buescher (In re Buescher)

This matter came before the court for trial of the complaint of plaintiff creditor, through which it sought to deny the entry of a chapter 7 discharge in favor of defendant joint- debtor ("debtor") pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), or (a)(5) or, alternatively, seeking a determination that a debt purportedly owed to the creditor by her should be declared non-dischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), or (a)(6).
Ruling: 
Discharge denied due to debtor's disregard for truth, concealment and failure to keep records.
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Consumer case opionion summary, case decided on April 16,2013, LexisNexis #0513-023

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