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District of iowa

JKW Enters., LLC, In re

Ruling
Court granted trustee's motion to dismiss debtors' bankruptcy case for bad faith as debtorswere unable to meet current expenses and had a negative cash flow. (Bankr. N.D. Iowa)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-041

Mercy Hosp., In re

Ruling
Plan's classification, indemnification, exculpation, and injunction provisions had beennegotiated in good faith and at arm's length. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on June 07, 2024 , LexisNexis #0824-019

Vera T. Welte Testamentary Trust, In re

Ruling
Chapter 12 petition filed by a trust was dismissed as the debtor was an ordinary testamentarytrust, not a business trust, and therefore it was not an eligible debtor. (Bankr. N.D. Iowa)
Issue(s)
Who May Be a Debtor; Chapter 12.

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Commercial opinion summary, case decided on June 03, 2024 , LexisNexis #0824-001

Ewert, In re--Ewert v. United States Dep't of Educ.

Ruling
Venue was improper where debtor did not reside in the district for 180 days prior to filing.(Bankr. N.D. Iowa)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on March 18, 2024 , LexisNexis #0524-074

Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.

Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on November 21, 2023 , LexisNexis #0124-064

Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.

Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on November 21, 2023 , LexisNexis #0124-064

Veroblue Farms United States, In re

Ruling
Motion to alter or amend order dismissing fraudulent conveyance proceeding denied. (Bankr.N.D. Iowa)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on September 19, 2023 , LexisNexis #1123-063

DLB II, LLC, In re

Ruling
Debtor set up for activities that only involved the repair and resale of farm equipment failedto qualify for Chapter 12 relief. (Bankr. N.D. Iowa)
Issue(s)
Definitions; “Farming Operation”.

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Commercial opinion summary, case decided on September 08, 2023 , LexisNexis #1123-001

Midtown Dev., LLC, In re

Ruling
Secured creditor's credit bid recognized as highest and best by the court on the creditor’sobjection on being denied the right to bid by the auction company. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Bids by Secured Creditor.

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Commercial opinion summary, case decided on August 01, 2023 , LexisNexis #0923-061

BDC Grp., Inc., In re

Ruling
It was reasonable for DIP lender to demand, and debtor to offer, avoidance actions as securityfor DIP financing. (Bankr. N.D. Iowa)
Issue(s)
Obtaining Credit.

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Commercial opinion summary, case decided on June 21, 2023 , LexisNexis #0823-052