RULING ON DEBTORS' MOTION FOR AUTHORITY TO INCUR SECURED DEBT THAD J. COLLINS, Chief Judge. This matter came before the Court in a hearing on Debtors' Motion for Authority to Incur Secured Debt. Rush M. Shortley appeared on behalf of the Debtors. John E. Lande and William B. Serangeli appeared on behalf of First Security Bank & Trust Company of Charles City, Iowa ("FSBTC"). After hearing the parties' arguments, the Court took the matter under advisement. This is a core proceeding under 28 U.S....
RULING ON DEBTORS' MOTION FOR AUTHORITY TO USE CASH COLLATERAL, FIRST SECURITY BANK AND TRUST COMPANY'S MOTION TO MODIFY THE AUTOMATIC STAY OR DISMISS THE CHAPTER 12 CASES, AND RBS CITIZENS' MOTION FOR RELIEF FROM STAY THAD J. COLLINS, Chief Judge. This matter came before the Court in a hearing on several matters: Debtors' Motion for Authority to Use Cash Collateral; Creditor First Security Bank & Trust Company of Charles City, Iowa's Motion to Modify the Automatic Stay or Alternatively...
RULING ON THE MOTION FOR SUMMARY JUDGMENT BY LUANA SAVINGS BANK THAD J. COLLINS, Chief Judge. This matter came before the Court on Defendant Luana Savings Bank's Motion for Summary Judgment. The Court held a hearing on the matter. Dan Childers appeared on behalf of Plaintiff, Joseph E. Sarachek, Chapter 7 Trustee. Dale Putnam appeared on behalf of Defendant, Luana Savings Bank (the "Bank"). After hearing the arguments of counsel, the Court took the matter under advisement. This is a core...
ORDER THAD J. COLLINS, Chief Judge. This Court held trial in this adversary on August 29, 2012. Desiree A. Kilburg appeared for Plaintiff, Joseph E. Sarachek, in his capacity as Chapter 7 Trustee. Laura Seaton and Lynn Hartman appeared on behalf of Defendant Garnavillo Gospel Hall Association ("Garnavillo Gospel"). Ron Wahls appeared pro se. The Court took the matter under advisement and provided time, at Trustee's request, for additional briefing. The briefs were filed and the case is ready...
