Skip to main content

Page Banner(Taxonomy)

southern district of iowa

Fansteel, Inc., In re

Ruling
Court allowed the LLC to charge attorney's fees for services it had rendered only from the time the debtors declared bankruptcy. (Bankr. S.D. Iowa)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

ABI Membership is required to access the full summary of Fansteel, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 31, 2016 , LexisNexis #0617-038

County of Dakota v. Milan (In re Milan)

Ruling
Bankruptcy court did not err in holding debtorʹs incarceration costs to be dischargeable.(B.A.P. 8th Cir.)
Issue(s)
Were costs incurred by debtor for costs incurred related to his incarceration nondischargeable?

ABI Membership is required to access the full summary of County of Dakota v. Milan (In re Milan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 22, 2016 , LexisNexis #1016-086

County of Dakota v. Milan (In re Milan)

Ruling
Debtor’s incarceration costs were nondischargeable. (B.A.P. 8th Cir.)
Issue(s)
Were costs incurred by debtor for costs incurred related to his incarceration nondischargeable?

ABI Membership is required to access the full summary of County of Dakota v. Milan (In re Milan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 22, 2016 , LexisNexis #1016-086

In re Winke

Ruling
Debtor's homestead exemption limited under state law.
Issue(s)
Should trustee's objection to debtor's claim of exemption in real property and the debtor's resistance be overruled?

ABI Membership is required to access the full summary of In re Winke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 26, 2016 , LexisNexis #0616-087

In re Earlywine

Ruling
Creditor's assignee was not entitled to extension of time to contest dischargeability.
Issue(s)
Was creditor bank's assignee, not originally listed in debtor's schedules, although the bank was listed, entitled to an extension of time to file a nondischargeability proceeding?

ABI Membership is required to access the full summary of In re Earlywine Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-103

Ebelsheiser v. Coll. Assist (In re Ebelsheiser)

Ruling
Convicted sex offender not entitled to an undue hardship discharge of student loan debt.
Issue(s)
Was convicted sex offender entitled to an undue hardship discharge of student loan debt due to anticipated difficulty in obtaining future employment?

ABI Membership is required to access the full summary of Ebelsheiser v. Coll. Assist (In re Ebelsheiser) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 09, 2015 , LexisNexis #0116-024

First Am. Bank v. Andrews (In re Andrews)

Ruling
Discharge denied due to debtor's concealment of company draws.
Issue(s)
Should debtor's discharge be denied due to diversion of draws on company to spouse?

ABI Membership is required to access the full summary of First Am. Bank v. Andrews (In re Andrews) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 27, 2015 , LexisNexis #1115-094

In re Gretter Autoland Inc.

Ruling
Debtor could not assume and assign dealership agreements where could not promptly cure defaults or provide adequate assurance of future performance by the assignee.
Issue(s)
Could debtor assume and assign its auto dealership agreements with manufacturers over the manufacturers' objections?

ABI Membership is required to access the full summary of In re Gretter Autoland Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 17, 2015 , LexisNexis #0915-011

Seifert v. Carlson (In re Seifert)

Ruling
Agreement on creditor's objections to debtor's chapter 12 plan did not render debtor's claim to exemption in proceeds of crop sale moot.
Issue(s)
Whether a bankruptcy court properly held that an objection to a chapter 12 debtor's claim of exemption in farm proceeds under Minn. Stat. § 550.37(13) was moot.

ABI Membership is required to access the full summary of Seifert v. Carlson (In re Seifert) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 22, 2015 , LexisNexis #0615-100

In re Lovan

Ruling
Order allowing debtor to proceed in forma pauperis vacated where postpetition tax refund provided source of funds for payment of filing fee.
Issue(s)
Should decision to allow debtor to proceed in forma pauperis be vacated given debtor's subsequent tax refund?

ABI Membership is required to access the full summary of In re Lovan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 30, 2015 , LexisNexis #0515-137