RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THAD J. COLLINS, Chief Judge. These matters came before the Court on the Cross-Motions for Summary Judgment. Plaintiff Farmers Cooperative Company, Hinton, Iowa and Defendant Ernst & Young, Inc., in its official capacity as Receiver for Big Sky Farms, Inc., each filed summary judgment motions. The Court held a telephonic hearing. Lance Ehmcke and Peter Leo appeared on behalf of Plaintiff Farmers Cooperative Company, Hinton, Iowa. Julie McLean and...
RULING ON PEOPLES BANK'S, COOPERATIVE CREDIT COMPANY'S, AND WATONWAN FARM SERVICE'S CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT THAD J. COLLINS, Chief Judge. These matters came before the Court on Peoples Bank's Motion for Partial Summary Judgment, Cooperative Credit Company's Motion for Partial Summary Judgment, and Watonwan Farm Service's Motion for Partial Summary Judgment. The Court held a telephonic hearing. Aimee Lowe appeared on behalf of Peoples Bank. Peter Leo appeared on behalf of...
TRIAL RULING THAD J. COLLINS, Chief Judge. This case came before the Court for trial in Cedar Rapids, Iowa on the United States Trustee's Complaint seeking denial of Debtors' discharge under 11 U.S.C. 727. Janet Reasoner appeared on behalf of the U.S. Trustee. Steve Klesner appeared on behalf of Debtor/Defendants. The Court took the matter under advisement. The parties filed post-trial briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(J). STATEMENT OF THE CASE The U.S....
OPINION RE: OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION THAD J. COLLINS, Chief Judge. These matters came before the Court on Trustee Wil Forker's Objection to Debtors' Homestead Exemption. The Court held a hearing on this matter on August 27, 2013. Wil Forker, Chapter 7 Trustee, appeared on his own behalf. Attorney Martha McMinn appeared on behalf of Debtors Larry and Jann Arends (collectively "Debtors"). After hearing the arguments, the Court took this matter under advisement. This is a core...
AMENDED MEMORANDUM AND ORDER THAD J. COLLINS , Chief Judge . Chapter 7 Trustee, Joseph Sarachek, brought this case against Defendant, Crown Heights House of Glatt, Inc., alleging that Defendant received fraudulent conveyances or preferential transfers from Debtor totaling $5,364,090.33. The matter came before the Court for trial on November 13-14, 2013. M. David Graubard appeared for Defendant. Dan Childers and Desir e Kilburg appeared for the Trustee. The parties agreed to await a...
