Bankruptcy Court for the Southern District of Iowa Court Cases

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  1. Matter of Davis (1991)

    Trustee's Objection to Debtor's Claim of Exempt Property came on for hearing on June 6, 1991. The trustee, Robert D. Taha, appeared pro se and the debtor appeared by her attorney, Robert C. Oberbillig. At the conclusion of the hearing the Court took the matter under advisement under a briefing schedule. Briefs were timely submitted and the Court considers the matter fully submitted.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 91-00768-C H
  2. Matter of Hahn (1980)

    Marvin D. Hahn and Joyce M. Hahn filed a voluntary petition in bankruptcy on February 19, 1980. In Schedule B-4, annexed to the debtors' petition, Marvin D. Hahn claimed the following personal property as exempt by virtue of the provisions of Section 627, Code of Iowa (1979).


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 80-218-C
  3. Matter of Pothoven (1988)

    The attorneys for the above-named debtors filed motions to reconsider and motions to alter or amend the orders entered by this court allowing attorney fees and expenses. Since the same issue is presented in each motion, the court will consider the motions together in this opinion and order.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy Nos. 86-2039-C, 87-95-C, 87-485-C, 87-198-C, 87-376-D, 87-827-D, 87-1241-D, 86-3347-D and 87-1430-D
  4. Matter of Belton Inns, Inc. (1987)

    On October 7, 1986 a motion pursuant to Rule 3012 to determine value of secured claims and for order compelling debtor to sell property free and clear of liens pursuant to section 363(f) and for expedited emergency hearing, or in the alternative, for relief from stay was filed on behalf of Southwest Tracor, Inc. On the same date, another motion for relief from stay was filed on behalf of Merchants Bank of Kansas City, Missouri. On November 24, 1986 both motions came on for final hearing before [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 86-261-C
  5. In Re Longstreet (2000)

    Chapter 7 Debtors Sonya and Darry Longstreet claim their Federal Earned Income Credit (EIC) exempt from the bankruptcy estate. Trustee Burton Fagan objects. On February 1, 2000 the Court conducted a nonevidentiary telephonic hearing on the controversy. At the conclusion of the arguments, the Court took the matter under advisement.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 99-04016-D J
  6. Matter of Sunberg (1983)

    On December 24, 1982, the stay imposed by the Supreme Court forestalling the effect of its decision in Northern Pipeline Construction Co. v. Marathon Pipeline Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), expired leaving the bankruptcy court without jurisdiction.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 83-540-W
  7. Matter of Pettit (1985)

    The question before the court is whether a profit sharing plan is exempt property. The Debtors contend that their interest in a profit sharing plan established for the employees of the Union State Bank of Winterset ("Bank") is exempt property under Section 627.6 of the Iowa Code. The Bank and the trustee have filed objections to this claim of exemption. A hearing on these objections was held on July 31, 1984. The court, now being fully advised, makes the following findings of fact and [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 84-93-C
  8. In Re Jackson (2006)

    On June 23, 2006 Chapter 7 Debtors Ken Jackson and Amy L. Jackson ("Debtors") filed a motion for relief from this Court's June 13, 2006 order deeming this case dismissed pursuant to 11 U.S.C. Section 521(i)(1). In part, this new provision in Title 11 of the United States Code declares a voluntary Chapter 7 consumer case automatically dismissed on the 46th day after the date of the filing of the petition if the debtor fails to file all the information required under 11 U.S.C. Section 521(a)(1) [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: 06-00763-Imj7
  9. Matter of Knight (1987)

    On April 14, 1987 an objection to schedule B-4 property claimed as exempt filed by the trustee on March 5, 1987 came on for hearing in Des Moines, Iowa. The trustee, David Erickson, appeared and David J. Erbes appeared on behalf of the debtors. The parties have submitted briefs. The matter is considered fully submitted.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 87-245-C
  10. In Re Iowa Coal Min. Co., Inc. (1999)

    The Petitions for Involuntary Bankruptcy, as amended, and Requests for Appointment of Interim Trustee, and the Motions to Dismiss, came for hearing on September 17, 1998 and October 21, 1998. The petitioning creditors were represented by Steven P. Wandro, Esq., Wandro & Associates, P.C., and the debtors were represented by William W. Graham. Esq. At the conclusion of the hearing, the court took the matters under advisement upon a briefing schedule. Post-trial briefs have been filed and the [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy Nos. 97-1041-CH, 97-1042-CH, 97-1040-CH
  11. In Re Jolly (2004)

    The United States Trustee's Amended Motion for Assessment of Fines Against American/Christian Lawworx and Ben Sneed for Violation of 11 U.S.C. § 110 came on for hearing on May 5, 2004. James L. Snyder, Assistant United States Trustee, appeared for the United States Trustee for Region 12, Habbo Fokkena. There was no appearance for American/Christian Lawworx or Ben Sneed.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: 03-05990-DH
  12. Matter of Pester Refining Co. (1985)

    The matter before the court is a complaint filed by Pester Refining Company ("Pester") that seeks to prevent the Insurance Company of North America ("INA") from cancelling an insurance policy. Pester filed a petition under Chapter 11 of the Bankruptcy Code on February 24, 1985, and is a debtor-in-possession in the underlying bankruptcy proceeding. Prior to the filing of its Chapter 11 petition, Pester had contracted for insurance coverage with INA. The insurance contract provides coverage for [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 85-340-C, Adv. No. 85-0336
  13. Matter of Burke (1987)

    On August 19, 1987 a hearing on the standing Chapter 12 trustee's motion to dismiss and the debtors' resistance thereto came on for hearing in Davenport, Iowa. The trustee filed her motion to dismiss on April 9, 1987. The debtors resisted on April 22, 1987. The Federal Land Bank (FLB) joined in the trustee's motion on May 11, 1987. The Production Credit Association of the Midlands (PCA) orally joined in the trustee's motion at the hearing. Michael W. Fay appeared on behalf of the debtors. [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 87-168-D
  14. Matter of Honomichl (1987)

    On September 15, 1987 a telephonic hearing on trustee's objection to property claimed as exempt was held in Des Moines, Iowa. David A. Erickson, trustee, was present and Robert M. Benton appeared on behalf of the debtors. The case has been submitted on briefs, Mr. Honomichl's affidavit and a letter from Mr. Burt Vust, an official with the International Union of Operating Engineers.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: 87-866-C
  15. Matter of Lewellyn (1982)

    Paul R. Tyler, trustee of the estate of G.V. Lewellyn & Co., Inc., pro se and by Richard A. Malm and James M. Peters of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, Iowa.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy Nos. 82-766-C, 82-220-B
  16. Matter of Thomas (1981)

    On the 10th day of October, 1980, the State of Iowa filed a complaint in this case seeking a determination whether a debt due the State of Iowa is dischargeable. The interested parties have agreed to the facts.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 80-1055-D, Adv. No. 80-0203
  17. Matter of Hemphill (1982)

    This is an adversary proceeding to avoid the transfer of certain land and chattels. The legal bases of the action are Sections 547 and 548 of the Bankruptcy Code (11 U.S.C. §§ 547, 548), the common law of Iowa relating to fraud, reformation and rescission of contracts, and failure of consideration. The plaintiffs, Glenn and Norma Hemphill seek the return of the subject matter land and chattels, money damages and general equitable relief.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 80-1671-W, Adv. No. 80-0210
  18. Matter of Van Pelt (1987)

    On January 21, 1987 a hearing was held in Des Moines, Iowa on the debtors' application to avoid liens filed on November 10, 1986 and resisted by Des Moines Telco Credit Union (Telco) on November 19, 1986. Frank M. Smith appeared on behalf of the debtors and Terry Wright appeared on behalf of Telco. Letter briefs have been filed by both parties. For the reasons set out below, the debtors' application is denied.


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 86-2192-C
  19. Matter of Rinker (1987)

    This case presents the interesting question of whether a debt that arises out of a settlement of a will dispute is also a debt that arises out of a farming operation for purposes of 11 U.S.C. section 101(17)(A). On April 2, 1987, this court conducted a hearing on motions to dismiss brought by the trustee, Jacqueline Souder, the Federal Land Bank of Omaha and the Production Credit Association of the Midlands (movants). Now that the April 17, 1987 briefing deadline has passed, the court considers [...]

    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 87-85-C
  20. In Re Nelson (2006)

    This matter came before the undersigned on June 13, 2006 for trial on the Complaint to Determine Dischargeability of Debt. Steven R. Hahn appeared for Debtor/Plaintiff Maria Dawn Nelson. David P. Miller appeared for Defendants TG Collections and Texas Guaranteed Student Loan Corporation. After the presentation of evidence and argument, the Court took the matter under advisement. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I).


    Court: Bankruptcy Court for the Southern District of Iowa Docket: Bankruptcy No. 05-03134, Adversary No. 05-30131-pjk

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