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Summary: 31 B.R. 195 (1983) In re LAHMAN MANUFACTURING COMPANY, INC., Debtor. FARMHAND, INC., Plaintiff, v. LAHMAN MANUFACTURING COMPANY, INC., and Thomas Inman, Chairman of the Unsecured Creditors Committee, Defendants. This matter is before the Court on a complaint by a creditor, Farmhand, Inc. ("Farmhand"), seeking modification of the automatic stay in order that pending litigation brought by Farmhand against the debtor, Lahman Manufacturing Company, Inc. ("Lahman"), may proceed in United States Distr......read more.


Summary: 33 B.R. 101 (1983) In re Marlyn Verle DAHLQUIST, Debtor. *102 John E. Harmelink and John R. Kabeiseman, Yankton, S.D., for plaintiffs Marlyn Verle Dahlquist, Robert Dean Dahlquist, and James Marlyn Dahlquist.


Summary: 65 B.R. 285 (1986) In re Ronald John ZIEGLER and Judy Lea Ziegler, Debtors. Ronald John ZIEGLER, Plaintiff, v. FIRST NATIONAL BANK OF VOLGA, Defendant, and Federal Land Bank of Omaha, Defendant-Intervenor. FACTS The debtors, Ronald and Judy Ziegler, own approximately 727 acres in Brookings County, South Dakota.


Summary: 387 B.R. 249 (2007) In re Patricia M. CLAUSSEN a/k/a Patricia M. Thorson, Debtor. John S. Lovald, Trustee, Plaintiff, v. Patricia M. Claussen and Ronald Claussen, Defendants. The matter before the Court is Trustee John S. Lovald's complaint against Debtor Patricia M. Claussen and her former husband, Ronald Claussen, seeking an avoidance of the transfer of certain property interests during the Claussens' divorce. As set forth below, Ronald Claussen and Debtor's temporary redistribution of equity ......read more.


Summary: 161 B.R. 246 (1993) In re David James CARSRUD, Social Security No. Robert L. Jones, Sioux Falls, SD, for debtor David James Carsrud. The objections to plan confirmation state that the circumstances surrounding this second filing, coupled with the nature of a judgment rendered against Debtor for the sexual assault (including rape) of his natural sister, Laurie Carsrud, indicate the plan was not filed in good faith. At the end of 1990, a state court jury unanimously rendered a civil judgment again......read more.


Summary: 149 B.R. 128 (1992) In re Patricia H. GRIDLEY, Debtor. *129 James A. Craig, Craig & Nichols, P.C., Sioux Falls, SD, Chapter 7 Trustee, pro se, for Estate of Patricia H. Gridley, debtor. The Chapter 7 Trustee, Sioux Falls Attorney James A. Craig, seeks to disallow the claim for several reasons: first, there is no evidence that Debtor is indebted to Claimant, only evidence that Debtor's spouse is obligated to repay the claimed amount; second, the Statute of Frauds bars the claim; third, testimony ......read more.


Summary: 80 B.R. 1012 (1987) In re Gary Dennis BOWEN and Deborah Jean Bowen, d/b/a Farmers, Debtors. In re Douglas John BOWEN and Julie Gloe Bowen, d/b/a Farmers, Debtors. Specifically, the trustee contends that the interests of the debtors Deborah Bowen and Douglas Bowen in a profit-sharing plan established by their employer are included in their bankruptcy estates, are not exempt under federal or South Dakota law, and should be turned over to the trustee for distribution to creditors. On the other hand......read more.


Summary: 53 B.R. 428 (1985) In re Marlyn Verle DAHLQUIST, Debtor. The defendants, Marlyn Verle Dahlquist and The First National Bank of Sioux City, Iowa, now ask the Court to dismiss the complaint or to transfer venue to the District of Nebraska where Mr. Dahlquist's bankruptcy case is pending.




Summary: 8 B.R. 177 (1981) In re Mary Jane REAVES, Debtor. Mary Jane REAVES, Debtor-Plaintiff, for and on behalf of herself and on behalf of Rick A. Yarnall, Trustee, Plaintiff, v. SUNSET BRANCH, NATIONAL BANK OF SOUTH DAKOTA, a South Dakota Banking Corporation, Defendant. Mary Jane Reaves, a Chapter 7 Debtor, filed a Complaint to avoid a real estate mortgage under the provisions of 11 U.S.C. Section 547 and 11 U.S.C. Section 548. Debtor alleged that an 11 U.S.C. Section 547 preference occurred when on A......read more.


Summary: 5 B.R. 274 (1980) In re Delvin Harold JACOBSON, fdba Big Boys Toys, and Clarice Mae Jacobson, Debtors. Delvin Harold JACOBSON and Clarice Mae Jacobson, Plaintiffs, v. UNITED NATIONAL BANK, Defendant. Delvin Harold Jacobson and Clarice Mae Jacobson filed a Chapter 7 Petition and Schedules on November 27, 1979. On February 22, 1980, Debtors filed a Complaint requesting the Court to: (1) determine any and all amounts due to United National Bank, hereinafter referred to as Creditor; and (2) to order......read more.


Summary: 33 B.R. 369 (1983) In re David Lineer ENGSTROM and Pamela Ann Engstrom, Debtors. *370 David L. Ganje, Aberdeen, S.D., trustee for David Lineer Engstrom, Pamela Ann Engstrom, and Michael Philip Dell, debtors. The trustee insists that he has the right to lease the farm real estate with the permission of the Court and that the bankruptcy estate has the right to the lease proceeds because South Dakota law prohibits mortgages that contract away a mortgagor's right to rents, profits or redemption. The......read more.


Summary: 151 B.R. 522 (1993) In re Dean E. GAGE and Jeanine A. Gage, Debtors. The objections require the Court to determine whether services rendered to resolve issues of net disposable income yield any tangible benefit to the bankruptcy estate, such that services and expenses provided by Debtors' counsel may be compensable from a Chapter 12 bankruptcy estate. PROCEDURAL AND FACTUAL BACKGROUND Debtors Dean E. and Jeanine A. Gage sought financial reorganization of their family farming operation on October......read more.


Summary: 53 B.R. 89 (1985) In re Raymond L. FRASCH and Barbara L. Frasch, d/b/a Farmers, Debtors. John S. LOVALD, Trustee of the Raymond L. Frasch and Barbara L. Frasch Bankruptcy Estate, Plaintiff, v. GREAT PLAINS PRODUCTION CREDIT ASSOCIATION OF BURKE, SOUTH DAKOTA; and Raymond L. and Barbara L. Frasch; and United States Department of Agriculture, Commodity Credit Corporation, Defendants.


Summary: 54 B.R. 110 (1985) In re Jerome Thomas BOECKMAN and Zeta Marie Boeckman, d/b/a/ Farmers. John Harmelink, Yankton, S.D., for debtors/respondents Jerome Thomas Boeckman and Zeta Marie Boeckman.


Summary: 114 B.R. 672 (1990) In re L.D. ALDERSON, Debtor. Rodney C. Lefholz, Rapid City, S.D., former atty. for L.D. Alderson. The Court has before it: (1) Attorney Rodney C. Lefholz's application for compensation and reimbursement of expenses and the objections thereto, (2) Attorney Lefholz's motion to reconsider the Court's order of November 22, 1989, assessing terms against Attorney Lefholz, (3) creditor Eunice I. Gull's motion for terms against Attorney Lefholz and the debtor, L.D. Alderson, and (4) ......read more.


Summary: 7 B.R. 927 (1981) In re Virgil Eugene CLEVELAND, Debtor. Maythol D. CLEVELAND, Plaintiff, v. Virgil Eugene CLEVELAND, Defendant. Virgil Eugene Cleveland, a Chapter 7 Debtor, is the divorced spouse of Maythol D. Cleveland, Plaintiff, who filed a Complaint to determine the dischargeability of various debts.


Summary: 7 B.R. 415 (1980) In re: Lawrence Eugene HINES, dba Larry's Farm Service, adba Hines Custom Farming, Alexandria, SD and Vickie Lynn Hines, Debtors. Lawrence and Vickie Hines, Debtors, filed a Chapter 13 Petition on January 11, 1980. Under Debtors' Chapter 13 Plan, Debtors will pay the Class I, II, III, IV and V creditors outside the plan. At Debtors' hearing Lawrence Hines, Debtor, testified that most of the barley and oats comprising ASCS's security has been used up by Debtors in the normal cou......read more.


Summary: 17 B.R. 99 (1981) In re George Buddy TURLEY and Carole Lynn Turley, f/k/a Carole Lynn Eppes, Debtors. The FIRST NATIONAL BANK OF DENVER, Denver, Colorado, Plaintiff, v. George Buddy TURLEY and Carole Lynn Turley, f/k/a Carole Lynn Eppes, Defendants and Third Party Plaintiffs, v. MOBILEHOME MARKETING, INC., Third Party Defendant. George and Carole Turley, hereinafter Debtors, filed a joint petition in a Chapter 7 bankruptcy on August 5, 1980. Creditor alleges: 1) Debtors granted it a security int......read more.


Summary: 388 B.R. 917 (2008) In re Stephen J. McGREEVY and Susan S. McGreevy, Debtors. John S. Lovald, Trustee, Plaintiff, v. Stephen J. McGreevy, Susan S. McGreevy, Avera McKennan Hospital, Wellmark Blue Cross Blue Shield of South Dakota, and United Fire Group, Defendants. As set forth below, the settlement funds received by Trustee-Plaintiff Lovald arising from the subject July 26, 2004 accident are not estate property to the extent of Defendant Wellmark Blue Cross Blue Shield of South Dakota's subroga......read more.