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northern district of iowa

Hansen, In re

Ruling
Confirmation of chapter 13 plan denied as it failed to meet the best interest of creditors as they received less under debtors' proposed plan than they would in a hypothetical chapter 7. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.

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Consumer opinion summary, case decided on September 10, 2018 , LexisNexis #1018-116

Bailey Ridge Partners, LLC, In re

Ruling
Reduction of committee counsel's fees was appropriate as it billed for time reviewing thework product of another. (Bankr. N.D. Iowa)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on June 28, 2018 , LexisNexis #0818-002

Bailey Ridge Partners, LLC, In re

Ruling
Reduction of committee counsel's fees was appropriate as it billed for time reviewing thework product of another. (Bankr. N.D. Iowa)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on June 28, 2018 , LexisNexis #0818-002

McMahon, In re

Ruling
Court ruled bank was entitled to relief from the automatic stay where future advance clauseswere effective and the "Maximum Obligation Limit" did not limit future advances by thebank. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on June 08, 2018 , LexisNexis #0718-064

Yuska, In re

Ruling
Proofs of claim set out an enforceable right to payment for taxing authority's assessment amounts as the debtor did not provide any evidence that they were wrong. (Bankr. N.D. Iowa)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on May 24, 2018 , LexisNexis #0618-098

Dunn, In re

Ruling
Court granted debtors' motion to incur secured debt as debtors showed that they were unable to obtain unsecured credit or secured credit on terms that were more favorable. (Bankr. N.D. Iowa)
Issue(s)
Obtaining Credit; Authorization When Trustee is Unable to Obtain Credit.

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Consumer opinion summary, case decided on May 17, 2018 , LexisNexis #0818-038

Grooters Feedlot, LLC, In re

Ruling
Debtor's motion for permanent use of cash collateral was granted in part where bank wasoversecured and court found no substantial risk. (Bankr. N.D. Iowa)
Issue(s)
Adequate Protection.

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Commercial opinion summary, case decided on May 01, 2018 , LexisNexis #0618-036

McDonald, In re--A.Y. McDonald Indus. v. McDonald

Ruling
Debtor's obligation to creditor ruled nondischargeable as he was acting in a fiduciary capacity when he acted wrongfully in misappropriating funds to himself. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 20, 2018 , LexisNexis #0518-098

Keener, In re

Ruling
Creditor's motion to convert was granted where debtor failed to file a disclosure statement orplan within the time fixed by order of the court. (Bankr. N.D. Iowa)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Failure to File Disclosure Statement or File or Confirm Plan.

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Consumer opinion summary, case decided on April 10, 2018 , LexisNexis #0518-081

Yuska, In re

Ruling
Debtor's objection to proof of claim overruled as it was based on a technical deficiency in the proof of claim. (Bankr. N.D. Iowa)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0518-034