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northern district of iowa

Wallace, In re

Ruling
Relief from stay granted as debtors’ serial filings and selective creditor listings demonstrated a scheme to delay and hinder creditors. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property; Multiple Filings.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-030

Duncanson, In re

Ruling
Debtor's motion to reconsider nondischargeability of Department of Education loan based on the unavailability of the SAVE Plan denied as the plan was considered in the original ruling, but was not the deciding factor. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on January 06, 2025 , LexisNexis #0325-039

Schoneboom, In re

Ruling
Debtor's claimed exemption in machinist tools denied as debtor was not working as a machinist at the time of filing and had not used the tools to generate income in at least 5 years. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.

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Consumer opinion summary, case decided on November 18, 2024 , LexisNexis #0225-012

BDC Grp., Inc., In re

Ruling
Creditor's lien on general intangibles did not extend to post-petition avoidance proceedings. (Bankr. N.D. Iowa)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on September 10, 2024 , LexisNexis #1124-061

McClelland, In re--United States v. McClelland

Ruling
Debt was nondischargeable as debtor obtained Social Security overpayment through false pretenses and with the intent to deceive the SSA. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 05, 2024 , LexisNexis #1124-058

Jencks, In re--Jencks v. AgVantage FS

Ruling
Debtors could not avoid a judicial lien on alleged homestead property due to their failure to disclose their purchase of and residence in a new property shortly before the petition date resulting in abandonment of the homestead exemption in the liened property. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-009

Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC

Ruling
Venue was proper as the Chapter 7 trustee's avoidance action arose under the BankruptcyCode. (Bankr. N.D. Iowa)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-023

Wallace, In re

Ruling
Court rejected debtors’ “sovereign citizen” type arguments in granting creditor relief from theautomatic stay. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-004

Duncanson, In re--Duncanson v. Bank of N.D.

Ruling
Court discharged bank's educational expenses loan due to undue hardship on debtor. (Bankr.N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 19, 2024 , LexisNexis #0924-065

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