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District of iowa

Wedig, In re

Ruling
Incarceration was not grounds for waiver of credit counseling requirement. (Bankr. S.D. Iowa)
Issue(s)
Who May Be a Debtor.

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Consumer opinion summary, case decided on February 05, 2021 , LexisNexis #0421-027

Kurtenbach, In re

Ruling
Court granted an oversecured creditor's application for attorneys' fees and costs but reducedthe amount requested by 30% finding the request amount unreasonable. (Bankr. N.D. Iowa)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on November 30, 2020 , LexisNexis #0121-059

Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes

Ruling
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on April 30, 2020 , LexisNexis #0620-074

Devries, In re

Ruling
Chapter 12 debtors with capital gains tax could obtain a refund of withheld income taxes tothe bankruptcy estate. (Bankr. N.D. Iowa)
Issue(s)
Claim by a Governmental Unit Based on the Disposition of Property Used in a Farming

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Consumer opinion summary, case decided on April 28, 2020 , LexisNexis #0620-071

Freed, In re

Ruling
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on April 24, 2020 , LexisNexis #0620-035

Merchant, In re--Kohn v. Merchant

Ruling
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-084

McQuillen Place Co., LLC, In re

Ruling
Motion to convert to Chapter 11 granted where conversion was in the best interests of creditorsand the estate. (Bankr. N.D. Iowa)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 09, 2019 , LexisNexis #0120-064

Frazier, In re

Ruling
Debtor was allowed to reconvert to Chapter 13 as debtor had asserted a real change ofcircumstances that would allow her to submit a feasible plan. (Bankr. N.D. Iowa)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on September 26, 2019 , LexisNexis #1119-070

Munoz, In re

Ruling
Court penalized the preparer in a pro se debtor's third Chapter 7 bankruptcy case for failing tosign debtor's petition or to print her name and address in the case and in debtor's two priorcases. (Bankr. D. Ariz.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions;

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Consumer opinion summary, case decided on July 03, 2019 , LexisNexis #0919-002

Fuelling, In re

Ruling
Debtors' motion to use cash collateral was denied because a substitute lien in entirelydifferent collateral carried with it different risks than the lien for which creditor hadbargained. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Consumer opinion summary, case decided on May 01, 2019 , LexisNexis #0719-045