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Summary: 41 B.R. 74 (1984) In re Larry Paul BONEFAS and Jolene Kay Bonefas, Debtors. J.C. PENNEY COMPANY, INC., Plaintiff, v. Larry Paul BONEFAS and Jolene Kay Bonefas, Defendants. May 11, 1984. John W. Pieters, Waterloo, Iowa, for defendants-debtors. The matter before the Court is an adversary proceeding regarding the dischargeability of a consumer debt owed to the plaintiff/creditor, J.C. Penney Company, Inc. (hereafter "creditor") by the defendants/debtors, Larry Paul and Jolene Kay *76 Bonefas (herea......read more.


Summary: 392 B.R. 416 (2008) In re David D. MEYER and Barbara L. Meyer, Debtors. *418 Debtors David and Barbara Meyer appeared with attorney Janet Hong. Debtors agreed to buy the business on contract in early 2000 from David Meyer's parents, Cleber and Marlys Meyer, the objectors herein. Debtors decided to put the title to the property solely in Barbara Meyer's name because David Meyer had many health problems and he wanted to protect his family. Creditors object that Debtor Barbara Meyer acquired the pr......read more.


Summary: 325 B.R. 791 (2005) In re Stephan OLSON, Debtor. Integrated Practice Management Inc., Plaintiff, v. Stephan Olson, Defendant. The matter before the court is final trial of the plaintiff's complaint to determine the dischargeability of debt owed to it by Stephan Olson. Attorney Wil L. Forker represented defendant Stephan Olson. FINDINGS OF FACT Stephan Olson, age 42, resides in Correctionville. In late 1999 or early 2000, Olson and Castle Rock were involved in the building of a medical clinic in ......read more.


Summary: IN RE ROBERT K. MIELL, Chapter 11, Debtor. Objections to the Motions to Convert were filed by Debtor Robert Miell and Trustee Hanrahan. They also note the lack of insurance on the real estate and express doubt about Debtor's ability to effectuate a Chapter 11 Plan. They allege Chapter 7 liquidation is in the best interests of creditors to avoid further losses in Chapter 11. Debtor asserts he filed Chapter 11 in a good faith effort to reorganize. FINDINGS OF FACT Debtor filed this voluntary Chapt......read more.


Summary: 317 B.R. 783 (2004) In re Duwayne Allen WHEELER, Linda Jean Wheeler, Debtors. Brian Smith, Plaintiff, v. Duwayne Allen Wheeler, Linda Jean Wheeler, Defendant. *786 Linda Jean Wheeler, Center Point, IA, pro se. Duwayne Allen Wheeler, Center Point, IA, pro se. Debtors Duwayne and Linda Wheeler appeared pro se. FINDINGS OF FACT Debtors were previously co-owners of a trucking business, D.L. Wheeler Trucking Co, Inc., which is now defunct. This was established because the employer, Duwayne Wheeler or......read more.


Summary: 297 B.R. 559 (2003) In re James Chandler MULHERIN, Stasia Eileen Mulherin, Debtors. James Chandler Mulherin, Plaintiff, v. Sallie Mae Servicing Corporation, Defendant, Educational Credit Management Corp., Intervenor. Debtor/Plaintiff James Chandler Mulherin appeared with his attorney, Steven Klesner. STATEMENT OF THE CASE Debtors James and Stasia Mulherin filed their Chapter 7 petition on February 20, 2002 and were granted a discharge on May 28, 2002. The case was reopened to allow Debtor/Plaint......read more.


Summary: 455 B.R. 718 (2011) In re Marvin Leroy MOFFET, Billie Jo Moffet, Debtor(s). This matter came before the court on the Chapter 13 Trustee's Objection to Confirmation of Debtor's Chapter 13 Plan ("the Plan"). Subsection (b) specifically states that: If the trustee or the holder of an allowed secured claim objects to the confirmation of the plan, "then the court may not approve the plan unless, as of the effective date of the plan— *722 (A) the value of the property to be distributed under the plan ......read more.


Summary: 94 B.R. 563 (1988) In the Matter of Gordon H. BRADLEY and Dorothy M. Bradley, Debtors. After a telephonic hearing held February 29, 1988, the matter was taken under advisement, and the parties were invited to submit briefs. The debtors filed a brief on April 4, 1988. On September 10, 1985, Gordon and Dorothy Bradley filed their chapter 11 case. The underlying note provided for a variable interest rate, and was secured by first mortgages on two parcels of the debtors' farmland valued in the debto......read more.


Summary: 91 B.R. 850 (1988) In the Matter of Linda E. SINNARD, Debtor. Linda E. Sinnard, the debtor in this chapter 7 case, has brought a motion under section 522(f)(1) to avoid a lien on her homestead held by the Key City Bank & Trust Company (the "Bank"). On October 11, 1982, the debtor and John M. Walsh, then the debtor's husband, granted a mortgage on the debtor's homestead to the Bank as security for the repayment of a $138,293.65 loan. On March 3, 1988, the trial court entered judgment on the debt ......read more.


Summary: 95 B.R. 632 (1988) In re William James GRAETTINGER, Debtor. *633 William Sanderson, Estherville, Iowa, for debtor. On June 30, 1987, this Court avoided a lien on Debtor's 1983 Nissan pick-up truck, pursuant to 11 U.S.C. § 522(f)(2)(B). BACKGROUND In December 1983, Debtor William J. Graettinger ("Graettinger") granted Creditor First Federal Savings and Loan Association of Estherville and Emmettsburg ("First Federal") a security interest in his 1983 Nissan pick-up. This section provides: (f) Notwi......read more.


Summary: 327 B.R. 654 (2005) In re Garold William SADLER, Debtor. Debtor Garold Sadler was represented by attorney Michael Dunbar. STATEMENT OF THE CASE Trustee and Creditor Leslie Pecenka both object to Debtor's claim of exemption in a one-half interest in 8,000 bushels of corn. Ms. Pecenka also objects to Debtor's claimed homestead exemption to the extent it includes an outbuilding/machine shed not appurtenant to the homestead.


Summary: 70 B.R. 204 (1986) In re John G. TODD and Alice L. Todd, Debtors, John G. TODD and Alice L. Todd, Plaintiffs, v. PRODUCTION CREDIT ASSOCIATION OF the MIDLANDS/FARM CREDIT SYSTEM CAPITAL CORPORATION, Defendant. Keith G. Thompson, Sheldon, Iowa, for PCA/Farm Credit Systems. The matter before the court is an adversary proceeding commenced on July 2, 1986, to determine the secured status of Production Credit Association of the Midlands/Farm Credit System Capital Corporation (PCA) in property of John......read more.


Summary: 85 B.R. 821 (1988) In re Marian HANSEN dba Farmer, Debtor. The matter before the Court is Marian Hansen's (Debtor) Motion to Avoid the Farmers Home Administration's (FmHA) Liens on certain property claimed exempt pursuant to Iowa Code § 627.6(12) (1987). Face Amount Disposition Borrower 4/28/1978 8 8% $ 4,500 Consolidated Earland/Marian 3/28/1979 6 8½% $ 11,100 Consolidated 6/29/1983 8 7¼% $ 13,052.05 Consolidation ......read more.


Summary: 396 B.R. 22 (2008) Diedre Jo CARNEY, Debtor. On January 22, 2007, he replaced a valve and switch on Debtor's old furnace and billed her $366.73. CONCLUSIONS OF LAW Under § 547(b), Trustee must prove six elements to avoid a transfer as a preference: (1) there must be a transfer of an interest of the debtor in property, (2) on account of an antecedent debt, (3) to or for the benefit of a creditor, (4) made while the debtor was insolvent, (5) within 90 days prior to the commencement of the bankrupt......read more.


Summary: 120 B.R. 493 (1990) In re McLAUGHLIN FARMS, INC., Bru-Bet Arabians, Inc. and Bru-Bet Big Sky Corp., Debtors. On February 4, 1988, a Petition for Relief under Chapter 7, Title 11, United States Code, was filed by Bru-Bet Arabians, Inc. and Bru-Bet Big Sky Corporation. As of July 1983 neither Bru-Bet Arabians, Inc., nor McLaughlin Farms, Inc., nor Bruce McLaughlin, nor John McLaughlin owed any money to First National Bank of Glidden. This is a purchase price security interest in the following Arab......read more.


Summary: 41 B.R. 965 (1984) In re Robert D. LIEBE, Joyce Liebe, Debtors. SANDAGE REAL ESTATE, INC., Plaintiff, v. Robert D. LIEBE, Joyce Liebe and Norwest Bank, Marion, National Association, Defendants. On February 25, 1983, the Debtors, Robert D. Liebe and Joyce Liebe, filed a voluntary petition under Chapter 11 of the Bankruptcy Code. Norwest Bank Marion, N.A., f/k/a First National Bank of Marion (Norwest), over the years has provided financing for Debtor Robert Liebe's farming operations and, at least......read more.


Summary: 384 B.R. 230 (2008) Pauline TYER, Debtor(s). Debtor Pauline Tyer appeared with Attorney Steve Klesner. CONCLUSIONS OF LAW Student loan debts are not discharged in bankruptcy "unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents." In evaluating the totality-of-the-circumstances, our bankruptcy . . . courts should consider: (1) the debtor's past, present, and reasonably reliable future financial resources; (2) a calc......read more.


Summary: 224 B.R. 91 (1998) In re Jonas Fay HARNISH, Jean Ann Harnish, Debtors. *92 FACTS AND PROCEDURAL HISTORY Debtors Jonas and Jean Harnish filed a voluntary Chapter 13 bankruptcy petition on July 18, 1997. Debtor Jonas Harnish owned and operated J & J Door Repair. Debtors' amended Chapter 13 Plan was confirmed on January 7, 1998. Trustee filed her Report on Claims on March 3, 1998 providing for Sears' claim number 13 in the amount of $4,490.65 to be paid as unsecured pursuant to the Plan. Alternativ......read more.


Summary: 361 B.R. 499 (2007) In re Rick ALBER, Debtor. Habbo G. Fokkena, U.S. Trustee, Plaintiff, v. Rick Alber, Defendant. FINDINGS OF FACT Debtor Rick Alber is currently employed as a school maintenance worker in Independence, Iowa. *502 CONCLUSIONS OF LAW 11 U.S.C. § 727 states: (a) The court shall grant the debtor a discharge, unless — . . . (2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferre......read more.