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District of iowa

Daniels, In re

Ruling
Motion granted to abandon debtor's interest in property that was completely encumbered.(Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on October 14, 2021 , LexisNexis #1221-031

Kurtenbach, In re

Ruling
Motion for sanctions granted where debtor acted in bad faith by filing his Rule 60(b) motionwithout legal or factual basis. (Bankr. N.D. Iowa)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-076

BCB Contr. Servs., LLC, In re

Ruling
Sanctions were awarded against the attorney for filing a frivolous petition in bad faith and foran improper purpose. (Bankr. D. Ariz.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Commercial opinion summary, case decided on September 17, 2021 , LexisNexis #1121-050

Brown, In re--Fuciarelli v. Brown

Ruling
Debt was nondischargeable where debtor intended to deceive plaintiff when he told him thatthe money would be used for business working capital, to expand the business, and to hirenew employees. (Bankr. D. Ariz.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 16, 2021 , LexisNexis #1121-035

Topp, In re

Ruling
Court applied the treasury bond as base rate where the secured creditor held notes andmortgages against real estate. (Bankr. S.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on September 16, 2021 , LexisNexis #1121-020

Zilisch, In re--Zilisch v. FedLoan Servicing

Ruling
Debtor's student loan debt was discharged as debtor showed that repayment would constitutean undue hardship. (Bankr. S.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on September 07, 2021 , LexisNexis #1021-090

Welte Testamentary Trust, In re

Ruling
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Commercial opinion summary, case decided on April 22, 2021 , LexisNexis #0621-030

McQuillen Place Co., In re

Ruling
Trustee's proposed sale and settlement of claim was approved as fair, reasonable, and in thebest interest of the bankruptcy estate. (Bankr. N.D. Iowa)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on March 30, 2021 , LexisNexis #0521-075

Vanhorn, In re--Upper Explorerland Reg'l Planning Comm'n v. Vanhorn

Ruling
Creditor was not entitled to summary judgment that his claim was nondischargeable ongrounds of willful and malicious injury as he did not show that debtor intended to causeplaintiff financial harm. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on February 25, 2021 , LexisNexis #0421-009

McLachlan, In re

Ruling
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on February 25, 2021 , LexisNexis #0421-003