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In Re Hayes Bankruptcy , 220 B.R. 57 (1998)

to convert the Hayes's bankruptcy to a Chapter 7 case. They filed a proper bankruptcy petition on June 3, 1996. has a claim against the bankruptcy estate, whether a person is liable to the bankruptcy estate, or whether certain property is part of the bankruptcy

In Re Rath Packing Co. , 48 B.R. 315 (1985)

The Bankruptcy Court's findings with respect to the negotiations are not clearly erroneous. Bankruptcy Rule 8013. This Court has reviewed the decision of the Bankruptcy Court and is unable to find clear errors of fact which warrant a reversal of the Bankruptcy Court's The decision of the Bankruptcy Court is affirmed.

Mfrs. Bank & Trust Co. v. Holst , 197 B.R. 856 (1996)

The bankruptcy court held that debtor Ralph K. bankruptcy estate. , are not part of the bankruptcy estate.

In Re Bohlen Enterprises, Ltd. , 91 B.R. 486 (1987)

is avoidable by the trustee in bankruptcy under the provisions of Bankruptcy Code § 547(b). Bankruptcy Rule 8013 sets forth the standard used by this court when reviewing decisions of the bankruptcy court. The court finds the bankruptcy court's reasoning to be correct. The bankruptcy court properly denied the Bank any setoff.

In Re H & W Motor Express Co. , 343 B.R. 208 (2006)

Eide filed a Complaint in the United States Bankruptcy Court for the Northern District of Iowa ("the Bankruptcy Court") against Urban Haas and Patricia In the Northern District of Iowa, bankruptcy actions are routinely referred to bankruptcy judges pursuant to a standing administrative order. law and could exist outside of a bankruptcy, although they may be related to a bankruptcy."

In Re Kloubec , 268 B.R. 173 (2001)

Pursuant to 11 U.S.C. § 1208(d), the United States Trustee moved to convert Debtors' Chapter 12 bankruptcy proceeding to a Chapter 7 bankruptcy proceeding ANALYSIS The bankruptcy court converted Debtors' Chapter 12 bankruptcy proceeding to a Chapter 7 bankruptcy proceeding based on evidence of fraud as required As the Popkin & Stern court pointed out: "The bankruptcy trustee brought this action not under the federal bankruptcy fraudulent transfer provision

McFarland v. Farmers Production Credit Association , 38 B.R. 374 (1984)

Pursuant to Bankruptcy Rule 8001, on November 4, 1983 defendant filed a notice of appeal from the bankruptcy court's decision. Plaintiff has resisted defendant's motion and seeks affirmance of the bankruptcy court's decision. See Bankruptcy Rule 8013. It is therefore ORDERED Denied.

In Re Rath Packing Co. , 75 B.R. 137 (1987)

The bankruptcy court dismissed all counts of Rath's complaint. See Bankruptcy Rule 8013. Ecker, United States Bankruptcy Judge.

In Re Lally , 51 B.R. 204 (1985)

The debtors, pursuant to Bankruptcy Rules 8001 and 8003, have filed a motion for leave to appeal the April 9, 1984 Order of the Bankruptcy Court, 38 B.R Therefore, whatever rights a debtor has in property when his bankruptcy petition is filed continue in bankruptcy — no more, no less. the bankruptcy estate when the petition was filed.

In Re Cheney , 280 B.R. 648 (2002)

She received a discharge in bankruptcy on August 6, 1999. Pursuant to Bankruptcy Rule 8009 and N.D.IA.L.R. 8001.1 concerning bankruptcy appeals, appellant ECMC filed its brief on appeal on June 3, 2002, and Cheney The Bankruptcy Appellate Panel rejected these arguments, as had the bankruptcy court.

In Re Knudsen , 389 B.R. 643 (2008)

The Knudsens' petition in bankruptcy and reorganization plan The Knudsens filed a bankruptcy petition under Chapter 12 of the Bankruptcy Code on July 1 Code and bankruptcy policy. Code and bankruptcy policy.

In Re Commercial Millwright Service Corp. , 245 B.R. 603 (2000)

States Bankruptcy Court for the Northern District of Iowa.[1] The bankruptcy court determined that two federal tax liens perfected on August 16, 1989 court confirmed the Debtor's bankruptcy plan. The reasoning of the bankruptcy court is correct.

Tokheim v. Georgia-Pacific Gypsum LLC , 606 F. Supp. 2d 988 (2009)

Plaintiff Tokheim filed her bankruptcy petition under "penalty of perjury." Plaintiff Tokheim was represented by counsel in her bankruptcy case. She relied on the advice of her bankruptcy counsel regarding issues of her bankruptcy. "Full and honest disclosure in a bankruptcy case is `crucial to the effective functioning of the federal bankruptcy system.'" Id.

In Re Olson , 121 B.R. 346 (1990)

This bankruptcy appeal is before the court on the merits of the appeal. The debtors, of course, seek to have the bankruptcy estate pay the taxes. In the case of In re McGowen, 95 B.R. 104, 108 (N.D.Iowa 1988), the bankruptcy court ruled that "[a]bandonment of the bankruptcy estate property by the

In Re Wiley , 184 B.R. 759 (1995)

No further briefs may be filed except with leave of the district court or the bankruptcy appellate panel. Bankruptcy Rule 8009(a). The purpose of the briefing schedule in Bankruptcy Rule 8009 is to provide for the "expeditious resolution of bankruptcy proceedings." as required by Bankruptcy Rule 8009.

In Re Wessels , 79 B.R. 826 (1987)

oaths in connection with their bankruptcy case. Section 727(a) of the Bankruptcy Code creates several exceptions to the general rule that debtors are entitled to discharge their debts in bankruptcy. oath or account in connection with their bankruptcy case.

In Re McAtee , 115 B.R. 180 (1990)

A bankruptcy court's findings of fact will not be set aside on appeal unless clearly erroneous. Bankruptcy Rule 8013. Order of bankruptcy court, filed September 12, 1989, at 14. Order of bankruptcy court, filed September 12, 1989, at 15.

In Re Irish , 303 B.R. 380 (2003)

Irish filed a Chapter 7 bankruptcy petition on July 11, 2003. become property of his bankruptcy estate. Thus, bankruptcy debtors are not prejudiced with regard to their ability to shield wages from creditors by the filing of a bankruptcy petition.

In Re Roberts , 450 B.R. 159 (2011)

INTRODUCTION This is an appeal from the United States Bankruptcy Court for the Northern District of Iowa ("Bankruptcy Court"). On appeal from a bankruptcy court, the district court acts as an appellate court and reviews the bankruptcy court's factual findings for clear error and Bankruptcy Court Ruling On December 29, 2010, the Bankruptcy Court entered a "Ruling on Trustee's Objections to Debtor's Claim of Homestead Exemption"

Eeoc v. Crst Van Expedited, Inc. , 614 F. Supp. 2d 968 (2009)

prior false assertions to the bankruptcy courts. hired an attorney to help her file for bankruptcy. In June of 2008, the bankruptcy trustee moved to dismiss Ms. Payne's bankruptcy for non-payment.

In Re Bienert , 48 B.R. 326 (1985)

Bankruptcy Rule 8006 provides in part: Within 10 days after filing the notice of appeal . . . the appellant shall file with the clerk of the bankruptcy The Bankruptcy Court Order which is being appealed was filed on November 9, 1983. On January 3, 1983, a hearing began concerning matters pending in Debtors' bankruptcy case.

In Re Ellingson , 82 B.R. 88 (1986)

The analysis begins with an examination of the exemption provisions of the Bankruptcy Code. proof purposes under § 63 of the Bankruptcy Act.) The bankruptcy judge below made reference to In re McCormick, slip op.

In Re Iowa Great Lakes Mobile Home Sales Corp. , 79 B.R. 833 (1987)

This is a bankruptcy appeal brought by the Trustee. A hearing was held on August 13, 1987. Facts Debtor, Iowa Great Lakes Mobile Home Sales, filed for Chapter 11 bankruptcy on April 24, 1984. It follows, therefore, that a bankruptcy court must approve such a transaction.

United States v. Holthaus , 437 F. Supp. 2d 932 (2006)

years preceding the bankruptcy filing. on his bankruptcy petition. The bankruptcy code provides for the employment of private attorneys as bankruptcy trustees in all districts and empowers them to administer bankruptcy

In Re Northrup , 141 B.R. 171 (1991)

On September 19, 1990, debtors filed a bankruptcy petition under Chapter 13 of the Bankruptcy Code, along with the required statements, schedules, and At that hearing, the bankruptcy court expressed its view that the plan was inadequate in that it did not pay the priority claims in full, and the bankruptcy The court must consider the structure of the bankruptcy code itself.

TRANSAMERICA FIN. LIFE INS. v. Merrill Lynch & Co. , 302 B.R. 620 (2003)

Enron bankruptcy case. to" jurisdiction because an award in this lawsuit will reduce their claims in bankruptcy court, such that recovery in bankruptcy court would reduce the The third element requires a finding that the claim or cause of action is "related to" a bankruptcy case, but did not arise in or under the bankruptcy

In Re Easton , 104 B.R. 111 (1988)

The bankruptcy court found that they qualified, 79 B.R. 836 (Bkrtcy.N.D. The court therefore incorporates the reasoning of the bankruptcy court as its own. IT IS THEREFORE ORDERED that the decisions of the bankruptcy court appealed from in this matter are affirmed.

In Re Wooten , 82 B.R. 84 (1986)

This case pends on the debtor's appeal from the bankruptcy court's (Honorable Robert J. The bankruptcy judge determined that the debtor's new homestead was not exempt under Iowa law and if it were, the debtor's violation of the bankruptcy Under the former Bankruptcy Act, the title to property generally exempt under state law did not pass to the trustee in bankruptcy.

In Re Cutler , 74 B.R. 712 (1987)

C 87-2020, Bankruptcy No. 86-00079W, Adv. No. 86-0160W. United States District Court, N.D. Iowa, E.D. June 23, 1987. Larry L. ORDER AFFIRMING BANKRUPTCY COURT'S DECISION HANSEN, District Judge. NOTES [1] The Honorable Thomas Wood, United States Bankruptcy Judge.

Dashner v. Cate , 65 B.R. 492 (1986)

On June 12, 1981, plaintiff filed bankruptcy under Chapter 7 in the U.S. Bankruptcy Court for the Northern District of Iowa, Western Division. Plaintiff filed a motion for contempt in bankruptcy. The Bankruptcy Court found the Defendant Cate in contempt and fined him $1,000.00. However, subsection (h) was part of the 1984 Bankruptcy Reform Act, and was thus not in effect at the time the Bankruptcy Court ruled on the automatic

AUSA Life Ins. Co., Inc. v. Citigroup, Inc. , 293 B.R. 471 (2003)

pending before Bankruptcy Judge Arthur J. Defendants contend that deference to the "home" bankruptcy court is necessary because that court has detailed firsthand knowledge of the Enron bankruptcy jurisdiction because an *476 award in this lawsuit will reduce their claims in bankruptcy court, such that recovery in bankruptcy court would reduce the

In Re Colsden , 105 B.R. 500 (1988)

Colsden's interest is not a part of the bankruptcy estate, and the Bankruptcy Court's rulings to the contrary are reversed. *501 This case involves important Instead, debtors have invoked the seemingly broad language of one of the few exceptions to the Code's broad definition of the bankruptcy estate. IT IS THEREFORE ORDERED that the rulings of the Bankruptcy Court are reversed, and this matter is remanded to the Bankruptcy Court for further proceedings

In Re Smith , 72 B.R. 61 (1987)

For reasons stated below, the Court affirms the Bankruptcy Court's decision. At the time Smith filed for bankruptcy, $11,335.61 was owing on the note. IT IS THEREFORE ORDERED that the Bankruptcy Court's judgment is affirmed.

In Re Wagner , 173 B.R. 916 (1994)

Plaintiff filed for bankruptcy on February 23, 1990. DISCUSSION Bankruptcy Rule 8013 speaks to the disposition of appeals and the weight to be given a Bankruptcy Judge's factual findings. A district court must affirm the fact findings of the bankruptcy court unless the bankruptcy court's findings are "clearly erroneous."

In Re Hoffman , 99 B.R. 929 (1989)

(Debtor) voluntarily filed bankruptcy on December 4, 1985. The Code envisions knowledgeable creditor participation in the bankruptcy process. The Debtor must take the burdens of bankruptcy, as well as the benefits.

In Re Van Hove , 78 B.R. 917 (1987)

On appeal, the appellants contest only the bankruptcy court's grant of the lien avoidances. The bankruptcy court's factual findings, on the other hand, shall not be set aside unless clearly erroneous. 11 U.S.C. Rule 810 Bankruptcy Procedure. At the time the creditors made the loans at issue, they were aware of the lien avoidance provisions of § 522(f) of the Bankruptcy Code.

CH Robinson Co. v. Paris & Sons, Inc. , 180 F. Supp. 2d 1002 (2001)

On May 16, 2000, the bankruptcy court also dismissed Paris & Sons's bankruptcy petition. Robins Co. filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq. Id. while the bankruptcy petition was pending.

In Re Huebner , 141 B.R. 405 (1992)

Debtor filed a petition under Chapter 11 of the Bankruptcy Code on November 9, 1990. See order of the bankruptcy court, filed May 22, 1991, at 3. Accordingly, the decision of the bankruptcy court will be reversed.

American Honda Finance Corp. v. Loder , 77 B.R. 213 (1987)

bankruptcy of debts owed to AHFC. The day before trial in the state court action, Loder filed bankruptcy. IT IS FURTHER ORDERED that this bankruptcy appeal is hereby dismissed.

In Re JE Adams Industries, Ltd. , 269 B.R. 808 (2001)

bankruptcy proceeding. Standard of Review The court reviews de novo the bankruptcy court's conclusions of law. in Debtor's Chapter 11 bankruptcy proceeding.

United States v. Mitchell , 440 F. Supp. 2d 959 (2006)

Application As the court instructed the jury, the commencement of a bankruptcy case creates a bankruptcy estate. 11 U.S.C. § 541(a)(1). In December of 2002, WFI Bamboo filed for bankruptcy. In addition, a bankruptcy trustee "may be victimized directly by a bankruptcy fraud to the extent it deprives the estate of assets otherwise subject to

Geiger v. Tokheim , 191 B.R. 781 (1996)

On April 7, 1994, Chief Bankruptcy Judge Irvin N. The bankruptcy court's findings Geiger has cited specific points in the transcript of the bankruptcy hearing to support his argument that Judge Hoyt did the Bankruptcy Court. . . .

In Re Pepmeyer , 273 B.R. 782 (2002)

The court finds no error in the Bankruptcy Court's finding of fact. However, the bankruptcy panel's decision in Kemmerer II did not settle the issue as a federal district court is not bound by the rulings of a bankruptcy In re Krantz, 97 B.R. 514, 522 (Bankr.N.D.Iowa 1989). [2] Judge Edmonds, Bankruptcy Judge for the United States Bankruptcy Court for the Northern District

In Re Porter , 90 B.R. 399 (1988)

The Trustee resists the appeal and urges this court to affirm the bankruptcy court. The bankruptcy court below relied on In re Winzenburg, 61 B.R. 141 (Bankr.N.D. Iowa 1986), aff'd, No. The decision of the bankruptcy court entered on February 27, 1987, is REVERSED. 2.

Catholic Order of Foresters v. US Bancorp Piper Jaffray, Inc. , 337 F. Supp. 2d 1148 (2004)

in bankruptcy court. trustee prevails in the proceedings in bankruptcy court. 2. petition pursuant to Chapter 7 of the Bankruptcy Code.

In Re Holley , 25 F.2d 979 (1928)

Lacy, Esq., of Dubuque, Iowa, and the trustee in bankruptcy appeared by his counsel, Frank D. Gilloon, Esq., of Dubuque, Iowa. And see authorities cited in Re Edward Oscar Meakins, 25 F.(2d) 305, being Bankruptcy No. 1767, Cedar Rapids Division, filed April 12, 1928. The property came into the custody of the bankruptcy court on the filing of the petition.

Engelkes v. Farmers Co-Operative Company , 194 F. Supp. 319 (1961)

ENGELKES, Trustee in Bankruptcy for Harold Gibleon, Plaintiff, v. FARMERS CO-OPERATIVE COMPANY, Dike, Iowa, Defendant. Civ. No. 923. Lewis, 8 Cir., 1925, 5 F.2d 918, 919; 3 Collier, Bankruptcy, par. 60.62 (1956). Bankruptcy Act Sec. 60, sub. b, 11 U.S. C.A. § 96, sub. b; Dinkelspiel v. Garrett, supra.

United States v. Waldner , 564 F. Supp. 2d 911 (2008)

[("Bankruptcy Court") ]. On June 12, 2002, H & W filed a Voluntary Petition under Chapter 11 of the United States Bankruptcy Code in the Bankruptcy Court. fraud in this very bankruptcy proceeding.

In Re Schemper , 303 B.R. 385 (2003)

Before they left, Vern and Harriet were aware that their son planned to file bankruptcy. Vern testified that he was aware that Leon had filed bankruptcy at the time he filed. He says he looked in the company's file kept on Leon's bankruptcy.

In Re Takes , 334 B.R. 642 (2005)

Bankruptcy On October 13, 2004, the Takes filed for Chapter 7 bankruptcy. On March 8, 2005, the Bankruptcy Court ruled the Takes properly claimed the townhome exempt from the bankruptcy estate and denied the Banks' objection. Federal Bankruptcy Law The general rule is that "all property in which the debtor has a legal or equitable interest becomes property of the bankruptcy

Opinion

In Re Hayes Bankruptcy , 220 B.R. 57 (1998)

to convert the Hayes's bankruptcy to a Chapter 7 case. They filed a proper bankruptcy petition on June 3, 1996. has a claim against the bankruptcy estate, whether a person is liable to the bankruptcy estate, or whether certain property is part of the bankruptcy

In Re Rath Packing Co. , 48 B.R. 315 (1985)

The Bankruptcy Court's findings with respect to the negotiations are not clearly erroneous. Bankruptcy Rule 8013. This Court has reviewed the decision of the Bankruptcy Court and is unable to find clear errors of fact which warrant a reversal of the Bankruptcy Court's The decision of the Bankruptcy Court is affirmed.

Mfrs. Bank & Trust Co. v. Holst , 197 B.R. 856 (1996)

The bankruptcy court held that debtor Ralph K. bankruptcy estate. , are not part of the bankruptcy estate.

In Re Bohlen Enterprises, Ltd. , 91 B.R. 486 (1987)

is avoidable by the trustee in bankruptcy under the provisions of Bankruptcy Code § 547(b). Bankruptcy Rule 8013 sets forth the standard used by this court when reviewing decisions of the bankruptcy court. The court finds the bankruptcy court's reasoning to be correct. The bankruptcy court properly denied the Bank any setoff.

In Re H & W Motor Express Co. , 343 B.R. 208 (2006)

Eide filed a Complaint in the United States Bankruptcy Court for the Northern District of Iowa ("the Bankruptcy Court") against Urban Haas and Patricia In the Northern District of Iowa, bankruptcy actions are routinely referred to bankruptcy judges pursuant to a standing administrative order. law and could exist outside of a bankruptcy, although they may be related to a bankruptcy."

In Re Kloubec , 268 B.R. 173 (2001)

Pursuant to 11 U.S.C. § 1208(d), the United States Trustee moved to convert Debtors' Chapter 12 bankruptcy proceeding to a Chapter 7 bankruptcy proceeding ANALYSIS The bankruptcy court converted Debtors' Chapter 12 bankruptcy proceeding to a Chapter 7 bankruptcy proceeding based on evidence of fraud as required As the Popkin & Stern court pointed out: "The bankruptcy trustee brought this action not under the federal bankruptcy fraudulent transfer provision

McFarland v. Farmers Production Credit Association , 38 B.R. 374 (1984)

Pursuant to Bankruptcy Rule 8001, on November 4, 1983 defendant filed a notice of appeal from the bankruptcy court's decision. Plaintiff has resisted defendant's motion and seeks affirmance of the bankruptcy court's decision. See Bankruptcy Rule 8013. It is therefore ORDERED Denied.

In Re Rath Packing Co. , 75 B.R. 137 (1987)

The bankruptcy court dismissed all counts of Rath's complaint. See Bankruptcy Rule 8013. Ecker, United States Bankruptcy Judge.

In Re Lally , 51 B.R. 204 (1985)

The debtors, pursuant to Bankruptcy Rules 8001 and 8003, have filed a motion for leave to appeal the April 9, 1984 Order of the Bankruptcy Court, 38 B.R Therefore, whatever rights a debtor has in property when his bankruptcy petition is filed continue in bankruptcy — no more, no less. the bankruptcy estate when the petition was filed.

In Re Cheney , 280 B.R. 648 (2002)

She received a discharge in bankruptcy on August 6, 1999. Pursuant to Bankruptcy Rule 8009 and N.D.IA.L.R. 8001.1 concerning bankruptcy appeals, appellant ECMC filed its brief on appeal on June 3, 2002, and Cheney The Bankruptcy Appellate Panel rejected these arguments, as had the bankruptcy court.

In Re Knudsen , 389 B.R. 643 (2008)

The Knudsens' petition in bankruptcy and reorganization plan The Knudsens filed a bankruptcy petition under Chapter 12 of the Bankruptcy Code on July 1 Code and bankruptcy policy. Code and bankruptcy policy.

In Re Commercial Millwright Service Corp. , 245 B.R. 603 (2000)

States Bankruptcy Court for the Northern District of Iowa.[1] The bankruptcy court determined that two federal tax liens perfected on August 16, 1989 court confirmed the Debtor's bankruptcy plan. The reasoning of the bankruptcy court is correct.

Tokheim v. Georgia-Pacific Gypsum LLC , 606 F. Supp. 2d 988 (2009)

Plaintiff Tokheim filed her bankruptcy petition under "penalty of perjury." Plaintiff Tokheim was represented by counsel in her bankruptcy case. She relied on the advice of her bankruptcy counsel regarding issues of her bankruptcy. "Full and honest disclosure in a bankruptcy case is `crucial to the effective functioning of the federal bankruptcy system.'" Id.

In Re Olson , 121 B.R. 346 (1990)

This bankruptcy appeal is before the court on the merits of the appeal. The debtors, of course, seek to have the bankruptcy estate pay the taxes. In the case of In re McGowen, 95 B.R. 104, 108 (N.D.Iowa 1988), the bankruptcy court ruled that "[a]bandonment of the bankruptcy estate property by the

In Re Wiley , 184 B.R. 759 (1995)

No further briefs may be filed except with leave of the district court or the bankruptcy appellate panel. Bankruptcy Rule 8009(a). The purpose of the briefing schedule in Bankruptcy Rule 8009 is to provide for the "expeditious resolution of bankruptcy proceedings." as required by Bankruptcy Rule 8009.

In Re Wessels , 79 B.R. 826 (1987)

oaths in connection with their bankruptcy case. Section 727(a) of the Bankruptcy Code creates several exceptions to the general rule that debtors are entitled to discharge their debts in bankruptcy. oath or account in connection with their bankruptcy case.

In Re McAtee , 115 B.R. 180 (1990)

A bankruptcy court's findings of fact will not be set aside on appeal unless clearly erroneous. Bankruptcy Rule 8013. Order of bankruptcy court, filed September 12, 1989, at 14. Order of bankruptcy court, filed September 12, 1989, at 15.

In Re Irish , 303 B.R. 380 (2003)

Irish filed a Chapter 7 bankruptcy petition on July 11, 2003. become property of his bankruptcy estate. Thus, bankruptcy debtors are not prejudiced with regard to their ability to shield wages from creditors by the filing of a bankruptcy petition.

In Re Roberts , 450 B.R. 159 (2011)

INTRODUCTION This is an appeal from the United States Bankruptcy Court for the Northern District of Iowa ("Bankruptcy Court"). On appeal from a bankruptcy court, the district court acts as an appellate court and reviews the bankruptcy court's factual findings for clear error and Bankruptcy Court Ruling On December 29, 2010, the Bankruptcy Court entered a "Ruling on Trustee's Objections to Debtor's Claim of Homestead Exemption"

Eeoc v. Crst Van Expedited, Inc. , 614 F. Supp. 2d 968 (2009)

prior false assertions to the bankruptcy courts. hired an attorney to help her file for bankruptcy. In June of 2008, the bankruptcy trustee moved to dismiss Ms. Payne's bankruptcy for non-payment.

In Re Bienert , 48 B.R. 326 (1985)

Bankruptcy Rule 8006 provides in part: Within 10 days after filing the notice of appeal . . . the appellant shall file with the clerk of the bankruptcy The Bankruptcy Court Order which is being appealed was filed on November 9, 1983. On January 3, 1983, a hearing began concerning matters pending in Debtors' bankruptcy case.

In Re Ellingson , 82 B.R. 88 (1986)

The analysis begins with an examination of the exemption provisions of the Bankruptcy Code. proof purposes under § 63 of the Bankruptcy Act.) The bankruptcy judge below made reference to In re McCormick, slip op.

In Re Iowa Great Lakes Mobile Home Sales Corp. , 79 B.R. 833 (1987)

This is a bankruptcy appeal brought by the Trustee. A hearing was held on August 13, 1987. Facts Debtor, Iowa Great Lakes Mobile Home Sales, filed for Chapter 11 bankruptcy on April 24, 1984. It follows, therefore, that a bankruptcy court must approve such a transaction.

United States v. Holthaus , 437 F. Supp. 2d 932 (2006)

years preceding the bankruptcy filing. on his bankruptcy petition. The bankruptcy code provides for the employment of private attorneys as bankruptcy trustees in all districts and empowers them to administer bankruptcy

In Re Northrup , 141 B.R. 171 (1991)

On September 19, 1990, debtors filed a bankruptcy petition under Chapter 13 of the Bankruptcy Code, along with the required statements, schedules, and At that hearing, the bankruptcy court expressed its view that the plan was inadequate in that it did not pay the priority claims in full, and the bankruptcy The court must consider the structure of the bankruptcy code itself.

TRANSAMERICA FIN. LIFE INS. v. Merrill Lynch & Co. , 302 B.R. 620 (2003)

Enron bankruptcy case. to" jurisdiction because an award in this lawsuit will reduce their claims in bankruptcy court, such that recovery in bankruptcy court would reduce the The third element requires a finding that the claim or cause of action is "related to" a bankruptcy case, but did not arise in or under the bankruptcy

In Re Easton , 104 B.R. 111 (1988)

The bankruptcy court found that they qualified, 79 B.R. 836 (Bkrtcy.N.D. The court therefore incorporates the reasoning of the bankruptcy court as its own. IT IS THEREFORE ORDERED that the decisions of the bankruptcy court appealed from in this matter are affirmed.

In Re Wooten , 82 B.R. 84 (1986)

This case pends on the debtor's appeal from the bankruptcy court's (Honorable Robert J. The bankruptcy judge determined that the debtor's new homestead was not exempt under Iowa law and if it were, the debtor's violation of the bankruptcy Under the former Bankruptcy Act, the title to property generally exempt under state law did not pass to the trustee in bankruptcy.

In Re Cutler , 74 B.R. 712 (1987)

C 87-2020, Bankruptcy No. 86-00079W, Adv. No. 86-0160W. United States District Court, N.D. Iowa, E.D. June 23, 1987. Larry L. ORDER AFFIRMING BANKRUPTCY COURT'S DECISION HANSEN, District Judge. NOTES [1] The Honorable Thomas Wood, United States Bankruptcy Judge.

Dashner v. Cate , 65 B.R. 492 (1986)

On June 12, 1981, plaintiff filed bankruptcy under Chapter 7 in the U.S. Bankruptcy Court for the Northern District of Iowa, Western Division. Plaintiff filed a motion for contempt in bankruptcy. The Bankruptcy Court found the Defendant Cate in contempt and fined him $1,000.00. However, subsection (h) was part of the 1984 Bankruptcy Reform Act, and was thus not in effect at the time the Bankruptcy Court ruled on the automatic

AUSA Life Ins. Co., Inc. v. Citigroup, Inc. , 293 B.R. 471 (2003)

pending before Bankruptcy Judge Arthur J. Defendants contend that deference to the "home" bankruptcy court is necessary because that court has detailed firsthand knowledge of the Enron bankruptcy jurisdiction because an *476 award in this lawsuit will reduce their claims in bankruptcy court, such that recovery in bankruptcy court would reduce the

In Re Colsden , 105 B.R. 500 (1988)

Colsden's interest is not a part of the bankruptcy estate, and the Bankruptcy Court's rulings to the contrary are reversed. *501 This case involves important Instead, debtors have invoked the seemingly broad language of one of the few exceptions to the Code's broad definition of the bankruptcy estate. IT IS THEREFORE ORDERED that the rulings of the Bankruptcy Court are reversed, and this matter is remanded to the Bankruptcy Court for further proceedings

In Re Smith , 72 B.R. 61 (1987)

For reasons stated below, the Court affirms the Bankruptcy Court's decision. At the time Smith filed for bankruptcy, $11,335.61 was owing on the note. IT IS THEREFORE ORDERED that the Bankruptcy Court's judgment is affirmed.

In Re Wagner , 173 B.R. 916 (1994)

Plaintiff filed for bankruptcy on February 23, 1990. DISCUSSION Bankruptcy Rule 8013 speaks to the disposition of appeals and the weight to be given a Bankruptcy Judge's factual findings. A district court must affirm the fact findings of the bankruptcy court unless the bankruptcy court's findings are "clearly erroneous."

In Re Hoffman , 99 B.R. 929 (1989)

(Debtor) voluntarily filed bankruptcy on December 4, 1985. The Code envisions knowledgeable creditor participation in the bankruptcy process. The Debtor must take the burdens of bankruptcy, as well as the benefits.

In Re Van Hove , 78 B.R. 917 (1987)

On appeal, the appellants contest only the bankruptcy court's grant of the lien avoidances. The bankruptcy court's factual findings, on the other hand, shall not be set aside unless clearly erroneous. 11 U.S.C. Rule 810 Bankruptcy Procedure. At the time the creditors made the loans at issue, they were aware of the lien avoidance provisions of § 522(f) of the Bankruptcy Code.

CH Robinson Co. v. Paris & Sons, Inc. , 180 F. Supp. 2d 1002 (2001)

On May 16, 2000, the bankruptcy court also dismissed Paris & Sons's bankruptcy petition. Robins Co. filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq. Id. while the bankruptcy petition was pending.

In Re Huebner , 141 B.R. 405 (1992)

Debtor filed a petition under Chapter 11 of the Bankruptcy Code on November 9, 1990. See order of the bankruptcy court, filed May 22, 1991, at 3. Accordingly, the decision of the bankruptcy court will be reversed.

American Honda Finance Corp. v. Loder , 77 B.R. 213 (1987)

bankruptcy of debts owed to AHFC. The day before trial in the state court action, Loder filed bankruptcy. IT IS FURTHER ORDERED that this bankruptcy appeal is hereby dismissed.

In Re JE Adams Industries, Ltd. , 269 B.R. 808 (2001)

bankruptcy proceeding. Standard of Review The court reviews de novo the bankruptcy court's conclusions of law. in Debtor's Chapter 11 bankruptcy proceeding.

United States v. Mitchell , 440 F. Supp. 2d 959 (2006)

Application As the court instructed the jury, the commencement of a bankruptcy case creates a bankruptcy estate. 11 U.S.C. § 541(a)(1). In December of 2002, WFI Bamboo filed for bankruptcy. In addition, a bankruptcy trustee "may be victimized directly by a bankruptcy fraud to the extent it deprives the estate of assets otherwise subject to

Geiger v. Tokheim , 191 B.R. 781 (1996)

On April 7, 1994, Chief Bankruptcy Judge Irvin N. The bankruptcy court's findings Geiger has cited specific points in the transcript of the bankruptcy hearing to support his argument that Judge Hoyt did the Bankruptcy Court. . . .

In Re Pepmeyer , 273 B.R. 782 (2002)

The court finds no error in the Bankruptcy Court's finding of fact. However, the bankruptcy panel's decision in Kemmerer II did not settle the issue as a federal district court is not bound by the rulings of a bankruptcy In re Krantz, 97 B.R. 514, 522 (Bankr.N.D.Iowa 1989). [2] Judge Edmonds, Bankruptcy Judge for the United States Bankruptcy Court for the Northern District

In Re Porter , 90 B.R. 399 (1988)

The Trustee resists the appeal and urges this court to affirm the bankruptcy court. The bankruptcy court below relied on In re Winzenburg, 61 B.R. 141 (Bankr.N.D. Iowa 1986), aff'd, No. The decision of the bankruptcy court entered on February 27, 1987, is REVERSED. 2.

Catholic Order of Foresters v. US Bancorp Piper Jaffray, Inc. , 337 F. Supp. 2d 1148 (2004)

in bankruptcy court. trustee prevails in the proceedings in bankruptcy court. 2. petition pursuant to Chapter 7 of the Bankruptcy Code.

In Re Holley , 25 F.2d 979 (1928)

Lacy, Esq., of Dubuque, Iowa, and the trustee in bankruptcy appeared by his counsel, Frank D. Gilloon, Esq., of Dubuque, Iowa. And see authorities cited in Re Edward Oscar Meakins, 25 F.(2d) 305, being Bankruptcy No. 1767, Cedar Rapids Division, filed April 12, 1928. The property came into the custody of the bankruptcy court on the filing of the petition.

Engelkes v. Farmers Co-Operative Company , 194 F. Supp. 319 (1961)

ENGELKES, Trustee in Bankruptcy for Harold Gibleon, Plaintiff, v. FARMERS CO-OPERATIVE COMPANY, Dike, Iowa, Defendant. Civ. No. 923. Lewis, 8 Cir., 1925, 5 F.2d 918, 919; 3 Collier, Bankruptcy, par. 60.62 (1956). Bankruptcy Act Sec. 60, sub. b, 11 U.S. C.A. § 96, sub. b; Dinkelspiel v. Garrett, supra.

United States v. Waldner , 564 F. Supp. 2d 911 (2008)

[("Bankruptcy Court") ]. On June 12, 2002, H & W filed a Voluntary Petition under Chapter 11 of the United States Bankruptcy Code in the Bankruptcy Court. fraud in this very bankruptcy proceeding.

In Re Schemper , 303 B.R. 385 (2003)

Before they left, Vern and Harriet were aware that their son planned to file bankruptcy. Vern testified that he was aware that Leon had filed bankruptcy at the time he filed. He says he looked in the company's file kept on Leon's bankruptcy.

In Re Takes , 334 B.R. 642 (2005)

Bankruptcy On October 13, 2004, the Takes filed for Chapter 7 bankruptcy. On March 8, 2005, the Bankruptcy Court ruled the Takes properly claimed the townhome exempt from the bankruptcy estate and denied the Banks' objection. Federal Bankruptcy Law The general rule is that "all property in which the debtor has a legal or equitable interest becomes property of the bankruptcy