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northern district of iowa

Rybek Devs., LLC, In re

Ruling
Summary judgment denied on reconsideration as claimants did not have rights in the debtorpartnership's assets. (Bankr. D. Ariz.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 15, 2023 , LexisNexis #0823-046

Simply Essentials, LLC, In re

Ruling
Trustee was not able to sell the lawsuit asset that had been sold previously pursuant to asset purchase agreement. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.

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Commercial opinion summary, case decided on April 11, 2023 , LexisNexis #0623-028

Kelly, In re

Ruling
Debtor properly claimed the bankruptcy exemption for retirement funds after rolling over funds from a deceased spouse's individual retirement account into other IRAs. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.

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Consumer opinion summary, case decided on April 11, 2023 , LexisNexis #0623-031

John V. Gally Fam. Protective Trust Inc., In re

Ruling
Debtor's bankruptcy case was not filed in bad faith for purposes of dismissal as debtor filedwith a proper bankruptcy purpose of liquidating assets to pay creditors. (Bankr. D. Ariz.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 21, 2022 , LexisNexis #0223-093

Gonyier, In re

Ruling
Debtor prevailed on his claim that his ERISA retirement plan was exempt from hisbankruptcy estate as there was no issue regarding its exemption under state law. (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 October 21, 2022 , LexisNexis #0123-016

McClelland, In re

Ruling
Debt was dischargeable to the extent wages were attributed to debtor from employers he didnot work for as a result of identity theft. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on October 21, 2022 , LexisNexis #0123-009

Simply Essentials, LLC, In re

Ruling
Trustee's proposed settlement and sale of causes of action was supported by the record. (Bankr.N.D. Iowa)
Issue(s)
Compromise and Arbitration; Authority to Compromise or Settle Controversies

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Commercial opinion summary, case decided on April 05, 2022 , LexisNexis #0522-100

Buehler, In re--Schnittjer v. Buehler

Ruling
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;

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Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-062

Moore, In re

Ruling
Proof of claim filed one year and seven months after the 70-day deadline was time barred.(Bankr. N.D. Iowa)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.

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Consumer opinion summary, case decided on October 14, 2021 , LexisNexis #1221-049

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