RULING ON OBJECTION TO CONFIRMATION THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for telephonic hearing on the status of objection to confirmation. Donald Molstad appeared for Debtors Mark and Machelle Pedersen ("Debtors"), Brandon Gray appeared for the Iowa Department of Revenue (the "IDR"), Carol Dunbar appeared for herself as Chapter 12 Trustee, and Martin McLaughlin appeared for the Internal Revenue Service (the "IRS"). The IRS has since withdrawn its...
RULING ON DISCHARGEABILITY OF STUDENT LOAN THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for trial on August 31, 2018. Steve Klesner appeared for Debtor Anthony Kinney ("Debtor"). Damian Richard appeared Pro Hac Vice along with Lance Lange as local counsel for creditor National Collegiate Master Student Loan Trust I ("Defendant"). This is a core proceeding under 28 U.S.C. 157(b)(2)(I). STATEMENT OF THE CASE Debtor cosigned on three student loans for his...
AMENDED RULING ON CONFIRMATION THAD J. COLLINS , Bankruptcy Judge . This matter came on for hearing in Mason City, Iowa on May 24, 2018. Larry Eide appeared for Debtors Brian and Jennifer Hansen ("Debtors"). Kevin Arenholtz appeared for Creditor James R. Harmeyer Inc. d/b/a Tyler Homes ("Creditor"). Michael Dunbar appeared for Carol Dunbar as Chapter 13 Trustee ("Trustee"). The Court received evidence and heard arguments. Debtors and Creditor filed briefs. This is a core proceeding under...
RULING ON MOTION FOR SUMMARY JUDGMENT THAD J. COLLINS , Chief Bankruptcy Judge . This motion for summary judgment came before the Court at a telephonic hearing on August 10, 2018. Daniel Hartnett and Jeremy Saint appeared for The Security National Bank of Sioux City, Iowa, which is acting as the Personal Representative of the Estate of Roger E. Rand (the "Bank"). Donald Molstad appeared for Western Slopes Farms Partnership ("Debtor") and BJM, Inc. ("BJM") (together "Defendants"). This is a...
RULING ON CONFIRMATION THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing in Mason City, Iowa on May 24, 2018. Larry Eide appeared for Debtors Brian and Jennifer Hansen ("Debtors"). Kevin Arenholtz appeared for Creditor James R. Harmeyer Inc. d/b/a Tyler Homes ("Creditor"). Michael Dunbar appeared for Carol Dunbar as Chapter 13 Trustee. The Court received evidence and heard arguments. Debtors and Creditor filed briefs. This is a core proceeding under 28 U.S.C. 157(...
RULING ON INTERIM FEE APPLICATIONS THAD J. COLLINS , Bankruptcy Judge . Three fee applications came before the Court for hearing on June 5, 2017 in Sioux City, Iowa. Don Molstad appeared for Molstad Law Firm, counsel for Debtor Bailey Ridge Partners, LLC ("Debtor") in supports of its fee application. Matthew McClintock and Brian Jackiw appeared for Goldstein & McClintock LLLP ("G&M"), counsel for the Official Committee of Unsecured Creditors ("the Committee") in support of its application....
RULING ON MOTION FOR RELIEF FROM STAY THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for hearing on May 24, 2018 in Fort Dodge, Iowa. Michael Pettengill appeared for Debtors Joseph and Tamara McMahon ("Debtors"). Thomas Burke appeared for Creditor Great Western Bank ("the Bank"). The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C. 157(b)(2)(G). STATEMENT OF THE CASE Debtors owe the Bank over $2 million on three notes. The...
RULING ON DAVID'S OBJECTION TO CLAIMS #8 AND #9 THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing in Cedar Rapids on March 20, 2018. 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. John Waters, Brandon Gray, and Laurie Heron McCown appeared for the Iowa Department of Revenue ("IDOR"). The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C....
RULING ON MOTION TO INCUR SECURED DEBT THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing on May 14, 2018 in Cedar Rapids, Iowa. Larry Eide appeared for Debtors Roger Dunn and Margaret Dunn ("Debtors"). Christopher O'Donohoe appeared for Peoples Savings Bank ("the Bank"). The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C. 157(b)(2)(D). BACKGROUND, FINDINGS OF FACT, AND ARGUMENTS Debtors farm corn and soybeans on 92 acres....
RULING ON MOTION FOR PERMANENT USE OF CASH COLLATERAL THAD J. COLLINS , Bankruptcy Judge . This matter came on for hearing on April 24, 2017 in Sioux City, Iowa. Don Molstad appeared for Debtor Grooters Feedlot, LLC ("Debtor"). Sander Moorhead appeared for Peoples Bank ("the Bank"). The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C. 157(b)(2)(M). STATEMENT OF THE CASE Debtor is a commercial cattle feedlot. Debtor bills its customers, the owners of...
RULING ON MOTION FOR SUMMARY JUDGMENT THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for telephonic hearing on January 24, 2018. Brian Kane appeared for Plaintiff, AY McDonald Industries, Inc. ("AY"). Michael McDonald ("Debtor") appeared for himself pro se. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). STATEMENT OF THE CASE Debtor was formerly a member of the board of directors and an officer of AY, as well as an employee of an AY subsidiary....
RULING ON MOTION TO QUASH NOTICE OF DEPOSITION DUCES TECUM THAD J. COLLINS , Chief Bankruptcy Judge . This matter came before the Court at a telephonic hearing on January 31, 2018. Jeremy Saint and Daniel Hartnett appeared for The Security National Bank of Sioux City, Iowa, which is acting as the Personal Representative of the Estate of Roger E. Rand (the "Bank"). Donald Molstad appeared for Western Slopes Farms Partnership ("Debtor"). This is a core proceeding under 28 U.S.C. 157(b)(2)....
RULING ON SUPER WINGS' MOTION TO CONVERT THAD J. COLLINS , Bankruptcy Judge . This matter came on for telephonic hearing on March 26, 2018. Robert Ginn and Robert Gainer appeared for Debtor Jody Keener ("Debtor"). Eric Lam appeared for Creditor Super Wings International ("Super Wings"). Jeff Taylor appeared with and for Chapter 11 Trustee Renee Hanrahan ("Trustee"). Before the hearing, the parties agreed to a telephonic hearing, that no witnesses would testify, and that Super Wings'...
RULING ON DAVID'S OBJECTION TO CLAIM #1 THAD J. COLLINS , Chief Bankruptcy Judge . This matter came on for hearing in Cedar Rapids on February 28, 2018. 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. Christopher Moran appeared for the United States on behalf of the Internal Revenue Service ("IRS"). The Court received evidence and heard argument. This is a core proceeding under 28 U.S.C. 157(b)(2)(...
RULING ON MOTION FOR SUMMARY JUDGMENT (11 U.S.C. 548(e)) THAD J. COLLINS , Chief Bankruptcy Judge . This case came on for a telephonic hearing on February 12, 2018. Eric Lam appeared for Trustee David Sergeant ("Trustee"). Michelle LaGrotta appeared for Blue Mountain Wagyu Trust ("Blue Mountain"). At the hearing, the parties and the Court discussed the motion and established a briefing schedule. The matter is now ready for decision. This is a core proceeding under 28 U.S.C. 157(b)(2)....
RULING ON MOTION FOR RELIEF FROM STAY AND MOTION TO DETERMINE SECURED STATUS OF CLAIM THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . These matters came on for hearing in Mason City, Iowa. Mark Walk appeared for Osage Cooperative Elevator ("the Coop"). Judith O'Donohoe appeared for Debtor Ross Michael Kuper ("Debtor"). The Court heard testimony and received evidence. The Court took the matter under advisement. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE The...
RULING ON DISCHARGEABILITY OF STUDENT LOAN THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for trial in Sioux City, Iowa. Wil Forker appeared for Debtor Janeese Martin ("Debtor"). Brooke Van Vliet appeared for Intervenor-Defendant, Educational Credit Management Corporation ("ECMC"). The parties submitted post-trial briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). STATEMENT OF THE CASE Debtor owes over $230,000 in student loan debt, mostly...
RULING ON MOTION TO DISMISS AND/OR ABSTAIN FROM PROCEEDING (PERMISSIVE) THAD J. COLLINS , Bankruptcy Judge . This matter originally came on for telephonic hearing on July 7, 2017. Steve Huff appeared for First Dakota National Bank ("First Dakota"). Jessica Uhlenkamp appeared for Jerome Ruba ("Ruba"). The Court agreed to withhold ruling on this matter pending a potential resolution of this adversary through a plan in the main case. At a January 4, 2018 status conference, the parties...
RULING ON MOTION TO DEFINE COMPROMISED CLAIMS AND OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . Two related matters are before the Court. First, a Motion to Define Compromised Claims came before the Court for hearing on September 20, 2017 in Cedar Rapids, Iowa. Kevin Arhenholtz appeared for Debtor Yvonne Ventura ("Debtor"). Casey Rigdon appeared for the Roberto G. Gonzales Estate ("the Gonzales Estate"). Jared Knight appeared for Chapter 7 Trustee...
RULING ON MOTION TO VACATE THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court at a telephonic hearing on January 29, 2018. Abram Carls appeared for Debtor Anthony Nicolaus ("Debtor"). Casey Smith appeared for the United States of America ("United States") on behalf of the Internal Revenue Service ("IRS"). The Court heard argument and took the matter under advisement on the papers submitted. This is a core proceeding under 28 U.S.C. 157(b)(2). STATEMENT OF THE CASE...
