ORDER RE CREDITOR CHRISTINE BRENDEN'S MOTION TO DISMISS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for an evidentiary hearing in Sioux City, Iowa. Don Molstad appeared for Debtor Mathew Goodvin ("Debtor"). R. Scott Reinhart and Wil Forker appeared for Creditor Christine Brenden ("Christy"). Carol Dunbar, Chapter 13 Trustee, also appeared. The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)...
TRIAL ORDER THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . Plaintiff filed this adversary to contest the dischargeability of debts that Debtor owes under a divorce decree. Trial occurred in Sioux City, Iowa, on October 28, 2015. David Forsyth appeared for Debtor Alfred Younes ("Debtor"). Wil Forker appeared for Plaintiff Jerilyn James ("Plaintiff"). The Court took the matter under advisement without briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). STATEMENT OF THE CASE...
RULING ON DEBTOR'S AMENDED MOTION TO REIMPOSE STAY THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for an evidentiary hearing on December 22, 2016. Tom Fiegen appeared for Citizens Finance Company ("Citizens"). Derek Hong appeared for Debtor Mark Tate ("Debtor"). After the Court received evidence and heard argument, it allowed the temporary stay to remain in place until December 28, 2016. The Court noted that the stay would likely remain in effect conditioned on...
RULING ON MOTION TO SET ASIDE DEFAULT JUDGMENT THAD J. COLLINS , Bankruptcy Judge . The Court held an evidentiary hearing on this matter on December 8, 2016. Derek Hong appeared for Debtor/Defendant Joshua Cochran. Wesley Huisinga appeared for Plaintiff County Bank. At the conclusion of that hearing The Court noted it was prepared to rule, but wanted to give the parties additional time to discuss the possibility of settling this matter. The Court noted that if they were unable to settle...
RULING ON SN SERVICING CORPORATION'S MOTION FOR RELIEF FROM STAY THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court on September 1, 2016 in Cedar Rapids. David Nadler appeared for Gary and Judith Dittrick ("Debtors"). Jason Bahnsen appeared for SN Servicing Corporation, on behalf of U.S. Bank Trust National Association, as Trustee of the HOP Trust 2013-1 ("Creditor"). The Court left the record open and gave the parties time to file additional exhibits. The parties filed...
RULING ON DISCHARGEABILITY OF TAX DEBT THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for trial in Cedar Rapids. Kevin Ahrenholz appeared for Debtor/Plaintiff Michelle McGrew ("Debtor"). Martin McLaughlin appeared for Creditor/Defendant Internal Revenue Service ("IRS"). The Court took the matter under advisement. The parties filed post-hearing briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). STATEMENT OF THE CASE After receiving her discharge, Debtor...
RULING ON CONFIRMATION THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This contested Chapter 13 confirmation came before the Court for an evidentiary hearing. Derek Hong appeared for Debtor Mary Vantiger-Witte ("Debtor"). Marty McLaughlin appeared for Creditor United States of America on behalf of Farm Service Agency ("FSA"). The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(L). STATEMENT OF THE CASE Debtor previously...
RULING ON MOTION TO QUASH THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for telephonic hearing on June 28, 2016. David Nadler appeared for Debtor Michael Hildenbrand ("Debtor"). Laura Hyer appeared for Creditors Barbara Zubrod and the Estate of John Zubrod ("Creditors"). The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(A). BACKGROUND On November 3, 2014, Debtor's vehicle collided with...
RULING ON TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF HOMESTEAD EXEPMPTION THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for an evidentiary hearing on Debtor's claim of homestead exemption. Derek Hong appeared for Debtor David Corbett. Carol Dunbar appeared for herself as Chapter 13 Trustee. The Court took the matter under advisement. The parties submitted briefs. This is a core proceeding under 157(b)(2)(B). STATEMENT OF THE CASE Debtor owns a house in South...
RULING ON CREDITOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION'S MOTION FOR CHANGE OF VENUE THAD J. COLLINS , Chief Bankruptcy Judge . This matter came before the Court on June 15, 2016, in Cedar Rapids. Derek Hong appeared for Debtor Daniel Stone ("Debtor"). Crystal Raiber appeared for Creditor University of Iowa Community Credit Union ("UICCU"). The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(A). STATEMENT OF THE...
RULING ON DISCHARGEABILITY OF STUDENT LOANS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE This matter came before the Court for trial in Dubuque, Iowa. Stuart Hoover appeared for Debtor Sara Fern. Marty McLaulghin appeared for the United States Department of Education ("the Department"). The parties submitted post-trial briefs. This is a core proceeding under 28 U.S.C. 157(b)(I). STATEMENT OF THE CASE Debtor owes over $27,000 in student loans. Through various types of deferment and...
MEMORANDUM AND ORDERS RE SUPER WINGS' MOTION FOR ADEQUATE PROTECTION AND RELATED FILINGS THAD J. COLLINS , Bankruptcy Judge . Debtor's Motion for Summary Judgment on Super Wings' Motion for Adequate Protection came before the Court on April 20, 2016. Jeff Goetz, Krystal Mikkilineni, and Justin LaVan appeared for Debtor Jody Keener. Joe Schmall appeared for Creditor Collins Community Credit Union ("Collins"). Eric Lam appeared for Creditor Super Wings International ("Super Wings"). John...
TRIAL RULING THAD J. COLLINS , Bankruptcy Judge . This case came before the Court for trial in Dubuque, Iowa on Creditor David Kane's objection to Debtor Bret Zahina's 11 U.S.C. 522(f) motion to avoid liens on Debtor's property. Stuart Hoover appeared for Debtor. Brian Peters appeared for the Creditor. 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)(K). STATEMENT OF THE CASE Debtor Bret Zahina ("...
RULINGS ON DEBTORS' CHAPTER 12 PLAN OF REORGANIZATION AND STATE SAVINGS BANK'S MOTION FOR RELIEF FROM STAY THAD J. COLLINS Bankruptcy Judge . These matters came before the Court in Mason City, Iowa. Bradley R. Kruse appeared for Debtors Bruce and Stacie Meinders. Larry S. Eide appeared for Creditor State Savings Bank ("the Bank"). After hearing evidence and argument, the Court took the matters under advisement. The parties filed briefs. These are core proceedings under 28 U.S.C. 157(b)(...
RULING AND ORDER RE MOTION FOR STAY PENDING APPEAL AND APPROVAL OF A SUPERSEDEAS BOND THAD J. COLLINS , Bankruptcy Judge . The matter before the Court is Luana Savings Bank's Motion for Stay Pending Appeal and Approval of a Supersedes Bond. The Court held an expedited telephonic hearing on this request on April 8, 2016. Dan Childers appeared for Plaintiff/Appellee Trustee Joseph Sarachek ("Trustee"). Dale Putnam appeared for Defendant/Appellant Luana Savings Bank ("LSB"). The parties...
RULING ON MOTION TO DISMISS FOR ABUSE THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for an evidentiary hearing on December 3, 2015 in Dubuque, Iowa. Robert J. Murphy appeared for Debtors Jeff and Susan Gourley ("Debtors"). John Schmillen appeared for the United States Trustee ("UST"). After hearing evidence and arguments, the Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2)(A). STATEMENT OF THE CASE The UST moves...
RULING ON OBJECTION TO HOMESTEAD EXEMPTION THAD J. COLLINS Bankruptcy Judge . This matter comes before the Court on the objection of Trustee Charles Smith and Creditor Siouxland National Bank to the homestead exemption claim of Debtors Alec and Danelle McDonald. Wil Forker appeared for Debtors. Charles Smith appeared for himself as Chapter 7 Trustee. Donald Molstad appeared for Siouxland National Bank. The parties stipulated to the relevant facts. Trustee and Debtors filed briefs. This is...
TRIAL RULING THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE This case came before the Court for trial in Mason City, Iowa on Creditor Cronin, Skilton & Skilton's complaint seeking a denial of Debtor Misty Fielder's discharge under 11 U.S.C. 727. David and Christine Skilton appeared for Cronin, Skilton & Skilton. J. Mathew Anderson appeared for Debtor Misty Fielder. The Court took the matter under advisement. The parties filed post-trial briefs. This is a core proceeding under 28 U.S.C. 157(...
ORDER RE: REAFFIRMATION AGREEMENTS THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court on February 9, 2016 for hearing on two reaffirmation agreements with Collins Community Credit Union. Debtors appeared personally with Attorney David Nadler. After hearing statements from Mr. Nadler and Debtors, the Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2)(A) and (O). STATEMENT OF THE CASE Debtors seek to reaffirm two debts secured...
