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Citation: 81 B.R. 518 | Docket No.: 19-00190
Status: Published | Citing: 11
Summary: 81 B.R. 518 (1988) In the Matter of Nickolas G. GANAKES, dba Nick's Fitness Center, Debtor. The lien avoidance provisions of section 522(f)(1) provide: (f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (1) a judicial lien; The legislative history expresses Congress' inte......read more.


Citation: 104 B.R. 125 | Docket No.: 19-00212
Status: Published | Citing: 9
Summary: 104 B.R. 125 (1989) In the Matter of Ronald W. MEHRHOFF, Vanita C. Mehrhoff, Engaged in Farming, Debtors. In Matter of Mehrhoff, 88 B.R. 922, 934 (Bankr.S.D.Iowa 1988), the controlling conclusion of law was "that the SBA may not set off the debt of the ASCS-CCC against its claim because no mutual capacity exists between the SBA and the ASCS-CCC". Background The factual background is set out in detail in Matter of Mehrhoff, 88 B.R. 922, 923-24 (Bankr.S.D.Iowa 1988). Matter of Mehrhoff, 88 B.R. 92......read more.


Citation: 5 B.R. 242 | Docket No.: 16-02322
Status: Published | Citing: 7
Summary: 5 B.R. 242 (1980) In the Matter of Marvin D. HAHN and Joyce M. Hahn, Debtors. 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). The following persons appeared: Marvin D. Hahn, in person and by his attorney, Robert J. Spayde; the Keokuk County State Bank, by its attorney, S......read more.


Citation: 131 B.R. 710 | Docket No.: 19-00257
Status: Published | Citing: 10
Summary: 131 B.R. 710 (1990) In the Matter of Thomas Allen CRONK and Karen Marie Cronk, Debtors. Debt is in name of Eugene S. Henry, father of Debtor Karen Cronk." On March 26, 1990, Credit Union filed an objection to the Chapter 13 plan, objecting to Debtors' separate classification of the student loans and Debtors' proposed payment to Eugene S. Henry under the plan.


Citation: 81 B.R. 971 | Docket No.: 14-01813
Status: Published | Citing: 11
Summary: 81 B.R. 971 (1987) In the Matter of Stephen BURKE, Darlene Burke, Engaged in Farming, Debtors. The case has been submitted on the testimony of the debtors, documentary evidence and a transcript of the deposition of debtor Stephen Burke. The debtors' income for 1986 is summarized as follows: Rental income $22,609.00 Stephen Burke's wages $10,000.00 Darlene Burke's wages $ 7,277.00 Dividends $ 624.00 Capital gains $ 516.00 DISCUSSION Only family......read more.


Citation: 85 B.R. 999 | Docket No.: 19-00226
Status: Published | Citing: 23
Summary: 85 B.R. 999 (1988) In the Matter of George Vernon HUNERDOSSE, Audrey E. Hunerdosse, Engaged in Farming, Debtors. The FmHA filed a proof of claim on August 5, 1987 showing a claim against the debtors in the amount of $227,760.65 as of July 21, 1987 with daily interest accrual thereafter of $24.3825. The debtors received the following 1986 program payments: Date Payment Amount April/May 1986 Check $2,486.74 July 22, 1986 Check $1,060.50 August 11, ......read more.


Citation: 136 B.R. 209 | Docket No.: 19-00254
Status: Published | Citing: 8
Summary: 136 B.R. 209 (1992) In the Matter of Joseph F. MACKE, Jr., Debtor. James D. Bruhn represented Joseph F. Macke (debtor) and Gary J. Rolfes represented Michaelene M. Macke (creditor). The subject of this proceeding is the property at 234 13th Avenue South, which debtor Joseph F. Macke claims as his homestead and which the parties purchased as joint tenants with full rights of survivorship. Bankruptcy Code section 522(f)(1) provides in relevant part: Notwithstanding any waiver of exemptions, the de......read more.


Citation: 73 B.R. 772 | Docket No.: 15-01797
Status: Published | Citing: 18
Summary: 73 B.R. 772 (1987) In the Matter of INDEPENDENT SALES CORPORATION, fdba Ankeny Paint & Wallpaper; Des Moines Paint & Wallpaper, Debtor. Norwest sought to reopen the Chapter 11 case which had been closed by final decree on February 3, 1986 so that the creditor could object to the final accounting by the debtor (which Norwest had not received until February 17, 1986) and could file a motion challenging debtor's pre-filing payment to the debtor's attorney. On May 9, 1986 Judge Stageman filed a memo......read more.


Citation: 130 B.R. 74 | Docket No.: 17-00520
Status: Published | Citing: 22
Summary: 130 B.R. 74 (1991) In the Matter of Jack Lee EATON and Lupe Ann Eaton, Debtors. On January 14, 1991, a hearing was held on confirmation of Debtors' Chapter 13 plan. Debtors' plan provides that Debtors will pay the sum of $785.00 per month for a term of 36 months. On November 26, 1990, the U.S. Trustee filed an objection to the confirmation of the Debtors' Chapter 13 plan, asserting that the plan failed to comply with the provisions of 11 U.S.C. § 1325(b)(1). DISCUSSION I. Validity of Objection D......read more.


Citation: 116 B.R. 1015 | Docket No.: 19-00248
Status: Published | Citing: 43
Summary: 116 B.R. 1015 (1990) In the Matter of Richard E. BARTLETT, Rita A. Bartlett, Debtors. On January 4, 1990 an evidentiary hearing was held on the Chapter 7 trustee's objection to Rita Bartlett's claim of exemption in a pension plan. On Schedule B-4, Rita Bartlett claimed her interest in "Foods, Inc. Rita Bartlett will receive or begin to receive the amount credited to her account upon retirement or disability. Rita Bartlett had not terminated her employment and was not eligible for retirement at t......read more.


Citation: 430 B.R. 882 | Docket No.: 09-04486-als7
Status: Published | Citing: 26
Summary: 430 B.R. 882 (2010) In the Matter of Richard Timothy ANDERSON, Ethel M. Anderson, Debtors. Michael L. Jankins represented Richard and Ethel Anderson ("Debtors"). FACTS Richard Timothy Anderson, and his wife, Ethel M. Anderson, filed a voluntary chapter 7 proceeding on September 16, 2009. On November 22, 2009, JC Penney sent a letter inquiry directly to Richard T. Anderson to provide bankruptcy information. Encore Receivable Management ("Encore") contacted the Debtor, Richard T. Anderson, on Dece......read more.


Citation: 35 B.R. 777 | Docket No.: 19-00205
Status: Published | Citing: 36
Summary: 35 B.R. 777 (1983) In the Matter of Dwayne SUNBERG, Patricia Sunberg, Engaged in farming, Debtors. *778 Dwayne Sunberg and Patricia Sunberg, in pro. On April 12, 1983, Dwayne and Patricia Sunberg ("Debtors") filed a voluntary petition in bankruptcy pursuant to Chapter 11 of the Bankruptcy Code of 1978. On April 13, 1983, the Debtors filed an application to incur debt pursuant to 11 U.S.C. § 364. The purpose of the loan *779 sought by the Debtors is for operating expenses for their farming busine......read more.


Citation: 326 B.R. 737 | Docket No.: 16-01832
Status: Published | Citing: 21
Summary: 326 B.R. 737 (2004) In the Matter of John N. VANZANDT, Debtor. Chapter 13 Debtor John N. VanZandt ("Debtor") objects to the proof of claim filed by his former lessor, Lehigh Clay Properties, Ltd., ("Creditor"). BACKGROUND On or about May 3, 2001, Debtor and Creditor entered into a Dwelling Unit Rental Agreement (a standard form issued by the state bar association) for a term beginning May 1, 2001 and ending April 30, 2004. Richard McHose, who signed the agreement on behalf of Creditor, testified......read more.


Citation: 46 B.R. 1 | Docket No.: 19-00206
Status: Published | Citing: 4
Summary: 46 B.R. 1 (1984) In the Matter of Russell THOMPSON, Dixie A. Thompson, Debtors. In Schedule B-4 annexed to the debtors' petition, the debtor, Russell Thompson, claimed 210 pigs under six months of age, valued at $4,500, as exempt property under Section 627.6(5), Iowa Code (1981).


Citation: 83 B.R. 630 | Docket No.: 19-00202
Status: Published | Citing: 1
Summary: 83 B.R. 630 (1988) In the Matter of Robert J. MOELLENBECK, Sandra C. Moellenbeck, Debtors. In this case the debtor, Robert J. Moellenbeck, is a qualified heir. Given the debtors' failure to treat the IRS estate tax lien in their plan and the unlikelihood at this point in time that the lien will be enforced, the debtors may not utilize the value of the tax lien to reduce the allowed secured claims of the Bank and the FLB.


Citation: 256 B.R. 298 | Docket No.: 19-00179
Status: Published | Citing: 25
Summary: 256 B.R. 298 (2000) In the Matter of Karlis A. NORKUS, Peggy M. Norkus, Debtors. *299 Michael A. Williams, Rock Island, IL, for debtors. Chapter 7 Debtors Karlis and Peggy Norkus ("Debtors") claim their homestead exempt from the bankruptcy estate. Alleging the Debtors acquired their homestead after incurring other debts that are listed on their bankruptcy schedules, Chapter 7 Trustee A. Fred Berger ("Trustee") objects. On January 25, 2000 the Trustee objected to the Debtors' homestead exemption.......read more.


Citation: 113 B.R. 527 | Docket No.: 19-00242
Status: Published | Citing: 15
Summary: 113 B.R. 527 (1990) In the Matter of ROSE WAY, INC., Debtor. On or about August 12, 1987, Rose Way, Inc. ("Rose Way"), entered into a *528 truck lease agreement (the "Agreement") with Associates. Rose Way prayed for a judgment against Associates as follows: 1) finding Associates' security interest to be unperfected; 2) declaring Associates' unperfected security interest to be void; 3) finding that Associates is not entitled to adequate protection; and 4) ordering Associates to return to Rose Way......read more.


Citation: 74 B.R. 111 | Docket No.: 19-00196
Status: Published | Citing: 9
Summary: 74 B.R. 111 (1986) In the Matter of WEISER, INC., Debtor. This is a Chapter 11 case filed on January 10, 1986, by the debtor-in-possession, Weiser, Inc. The Bank has objected to the Debtor's cash collateral application and the Debtor has filed a resistance to the Bank's motion for relief from stay. The Bank, relying primarily on the Debtor's income tax data, deduces that the Debtor has averaged between five and six pigs weaned per litter. The court, therefore, accepts the Debtor's estimates as t......read more.


Citation: 119 B.R. 672 | Docket No.: 19-00171
Status: Published | Citing: 25
Summary: 119 B.R. 672 (1990) In the Matter of Keith Joe LINGLE and Donna Ranee Lingle, Debtors. Debtors filed their Chapter 7 statement of affairs and schedules, and on Schedule B-4, Debtors claimed a "Farmland Retirement Annuity" valued at $3,100.00 as exempt under Iowa Code § 627.6(8)(e). Keith Lingle has been employed at Farmland Industries approximately 10 years as a laborer. Donna Lingle has no post-high school education or job skills and suffers a nervous disorder that prevents her from obtaining f......read more.


Citation: 86 B.R. 595 | Docket No.: 19-00180
Status: Published | Citing: 17
Summary: 86 B.R. 595 (1988) In the Matter of Victor C. BUTZ, Patricia Butz, Engaged in Farming, Debtors. FACTUAL BACKGROUND The FmHA holds a mortgage to real estate owned or being purchased by the debtors as security for its loans. Prior to filing bankruptcy on February 20, 1987 the debtors signed a contract to participate in the 1986 Feed Grain Program (Program). The nature of the benefits received under the 1987 Program are as follows: DATE AMOUNT TYPE 04/09/87 $374.37 Cash 04/09/87 ......read more.