RULING ON SUPER WINGS' MOTION TO CONVERT THAD J. COLLINS , Bankruptcy Judge . This matter came on for hearing on October 18, 2017 in Cedar Rapids, Iowa. Robert Ginn and Rush Shortley appeared for Debtor Jody Keener. Kevin Collins appeared for Debtor's companies, specifically Alpha International, JK Properties, and JK Manufacturing. Eric Lam appeared for Creditor Super Wings International ("Super Wings"). Jeff Taylor appeared with and for Chapter 11 Trustee Renee Hanrahan ("Trustee"). The...
RULING ON TRUSTEE'S OBJECTION TO CLAIM #18 THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing in Cedar Rapids on August 30, 2017. Debtor David Eugene Yuska appeared pro se. David Yuska has asked that the Court refer to him as "David." The Court will honor that request. Eric Lam appeared for Trustee Renee Hanrahan. Marty McLaughlin appeared for the Internal Revenue Service. The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C....
TRIAL RULING THAD J. COLLINS , Bankruptcy Judge . This matter came on for trial in Cedar Rapids, Iowa on August 1, 2017. Debtor Jason Lampe ("Debtor") appeared pro se. Kenneth Nelson appeared for Veridian Credit Union ("Veridian"). The Court heard testimony and received evidence. The parties filed post-trial briefs. The Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE Veridian had a security interest in Debtor's truck....
RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO REQUEST JUDGMENT REMAIN IN PLACE THAD J. COLLINS , Chief Bankruptcy Judge . This matter came before the Court at a telephonic hearing on October 13, 2017. Sean Heitmann appeared for Debtor Douglas Farrell ("Debtor"). Creditor Karen Tovar ("Tovar") appeared pro se. The Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE Tovar is a creditor with a...
RULING ON MOTION FOR SUMMARY JUDGMENT THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for telephonic hearing on August 11, 2017. Eric Lam appeared for Trustee David Sergeant. Aaron Blair appeared for B & E Vorhes Trust ("B&E"). The parties argued this motion along with a similar summary judgment motion in a related adversary, Sergeant v. Blue Mountain Wagyu Trust, No. 17-9009. The parties agreed that the record would remain open until September 7, 2017, when discovery closed....
TRIAL RULING THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for trial on August 17, 2017 in Sioux City, Iowa. Wil Forker appeared for Michael Jon Koele ("Debtor"). Brooke Van Vliet and William Topka appeared for the W.D. Larson Companies LTD ("W.D. Larson"). The Court heard testimony and received evidence. The parties filed post-trial briefs in lieu of closing arguments. The case is ready for decision. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE...
RULING ON TRUSTEE'S MOTION TO SELL 38 ACRES THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing in Cedar Rapids on October 25, 2017. Debtor David Eugene Yuska appeared pro se. David Yuska has asked that the Court refer to him as "David." The Court will honor that request. Eric Lam appeared for Trustee Renee Hanrahan. The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE Trustee asks the Court to...
RULING ON MOTION TO DISMISS OR CONVERT THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing on August 16, 2017 in Sioux City, Iowa. Kirk Goettsch appeared for Creditors Robert Mark Waggoner and Elaine Waggoner ("the Waggoners"). Wil Forker appeared for Debtor Wayne Thomas Mercural ("Debtor"). The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE The Waggoners ask the Court...
RULING ON 506 VALUATION THAD J. COLLINS , Bankruptcy Judge . This matter came on for hearing in Mason City, Iowa. Larry Eide appeared for Debtors Brian and Jennifer Hansen ("Debtors"). Kevin Arenholtz appeared for Creditor James R. Harmeyer Inc. d/b/a Tyler Homes ("Tyler Homes"). Carol Dunbar appeared for herself as Chapter 13 Trustee. The Court received evidence and heard argument. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE...
RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT THAD J. COLLINS , Bankruptcy Judge . This summary judgment motion came on for telephonic hearing on July 28, 2017. Donald Molstad appeared for Debtor Diamond Insulation Inc. ("Debtor") and Defendant, Teresa Heilman. Jessica Uhlenkamp appeared for the Official Unsecured Creditors' Committee ("the Committee"). The Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE Debtor made...
RULING ON TRUSTEE'S OBJECTION TO EXEMPTION AND DEBTORS' MOTION FOR AUTHORIZATION TO USE, TRANSFER AND/OR DISPOSE OF EXEMPT ASSETS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . These matters came on for hearing in Cedar Rapids, Iowa. Derek Hong appeared for Debtors Jason and Courtney Chambers ("Debtors"). Jared Knight appeared for Chapter 7 Trustee Sheryl Schnittjer ("Trustee"). Steve Klesner appeared for Creditor TRG Development, LLC ("TRG"). The Court received evidence and heard arguments....
RULING ON FINAL EVIDENTIARY SHOW CAUSE HEARING THAD J. COLLINS , Bankruptcy Judge . This matter came on for evidentiary hearing in Cedar Rapids, Iowa. Derek Hong appeared for Debtor Michael Tanner ("Debtor"). Ben Hopkins appeared for Nationstar Mortgage, LLC ("Nationstar"). The Court received evidence and heard arguments. The parties submitted post-hearing briefs. This is a core proceeding under 11 U.S.C. 157(b)(2). STATEMENT OF THE CASE Nationstar is Debtor's mortgage lender. After a...
RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THAD J. COLLINS , Bankruptcy Judge . This matter came on for telephonic hearing on March 21, 2017. Joe Peiffer appeared for Debtors Curtis Schantz and Jane Schantz ("Debtors"). Doug Lindstrom appeared for Creditor Growmark, Inc. ("Growmark"). Michael Cunningham appeared for Creditor Farm Credit Services of America, PCA ("Farm Credit"). The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C....
RULING ON FIRST FEDERAL CREDIT UNION'S OBJECTION TO CONFIRMATION THAD J. COLLINS , Bankruptcy Judge . The Court held a confirmation hearing on May 9, 2017 in Cedar Rapids. Derek Hong appeared for Debtors James Lukaszka and Darcey Lukaszka ("Debtors"). J.K. Robison appeared for Creditor First Federal Credit Union ("First Federal"). Stephanie Hinz appeared for Wells Fargo Bank. Carol Dunbar appeared for herself as Chapter 13 Trustee. Trustee did not object to confirmation and Wells Fargo's...
RULING ON MOTION FOR RELIEF FROM STAY THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for hearing on May 31, 2017 in Dubuque, Iowa. Stuart Hoover appeared for Debtor James Ingles ("Debtor"). Lance Lange appeared for U.S. Bank National Association ("U.S. Bank"). The parties offered evidence and argument. The Court took the matter under advisement. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE Debtor executed a...
RULING ON MOTION FOR CONTEMPT THAD J. COLLINS , Bankruptcy Judge . This matter came on for hearing on May 18, 2017 in Mason City. Kevin Ahrenholz appeared for Debtor Misty Tucker ("Debtor"). David Hellstern appeared for Creditor Heartland Power Cooperative ("Heartland"). Carol Dunbar appeared for herself as Chapter 13 Trustee. The parties filed briefs. This is a core proceeding under 28 U.S.C. 157 (b)(2). STATEMENT OF THE CASE Heartland violated the Chapter 13 co-debtor stay by...
RULING ON S & V TRUST'S THIRD-PARTY COMPLAINT AND S & V TRUST'S MOTION TO STRIKE THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came on for trial on April 21, 2017 in Cedar Rapids. Chad Swanson and Dan Childers appeared for Lynn Kingery as executor of the Bernice Gill estate ("Ms. Kingery"). Tom Lawlor appeared for Lincoln Savings Bank as executor of the Irene Vorhes estate ("LSB"). Ron Martin, Joe Day, and Aaron Blair appeared for Jean Westendorf as Trustee of S & V Trust ("S & V...
FINAL RULING ON AMENDED MOTION TO EXTEND THE STAY AND JOINT MOTION TO STAY TO PENDING SOUTH DAKOTA MATTER Thad J. Collins , Chief Bankruptcy Judge . These matters came before the Court for final hearing on May 2, 2017 in Sioux City, Iowa. Don Molstad appeared for Debtor Bailey Ridge Partners, LLC ("Debtor"). Bill Miller appeared for Dubuque Bank & Trust Company ("Dubuque Bank"). Wil Forker appeared for Floyd "Chet" Davis. Chad Thompson appeared for Verlyn Nafe. Frank Barron appeared for...
RULING ON TRUSTEE'S RENEWED MOTION TO DISBURSE REAL ESTATE PROCEEDS (LIENS) THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came on for telephonic hearing on April 19, 2017. Debtor David Eugene Yuska appeared pro se. David Yuska has asked that he be referred to as "David." The Court will honor that request. Eric Lam appeared with and for Trustee Renee Hanrahan. John Waters and Laurie McCown appeared for the Iowa Department of Revenue. Marty McLaughlin appeared for the Internal...
MEMORANDUM RE: APPLICABILITY OF HARRIS v. VIEGELAHN THAD J. COLLINS , Bankruptcy Judge . On September 18, 2015 the Court held a telephonic hearing. At that hearing, the Court asked the parties to comment on whether the Court should revisit its decision denying debtor's request to have the Chapter 7 trustee pay over money in her possession when the case was converted from Chapter 13 to Chapter 7. In particular, the Court raised the issue of whether Harris v. Viegelahn , 135 S.Ct. 1829 (...
