MEMORANDUM AND ORDER THAD J. COLLINS , BANKRUPTCY JUDGE . The Motion to Convert came on for telephonic hearings on November 14, and 21, 2019. Days before the first hearing, Debtor filed a Motion to Dismiss the Chapter 11 case. Don Molstad appeared for the Debtor, McQuillen Place Company, LLC ("Debtor"). Charles Thomsen appeared as principal of the Debtor. Larry Eide appeared for Creditor, First Security and Trust Company ("First Security). Joseph Schmall appeared for interested party, CRBT...
RULING ON MOTION TO SET ASIDE DISCHARGE AND RECONVERT FROM CHAPTER 7 TO CHAPTER 13 THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court at a telephonic hearing. Derek Hong appeared for the Debtor Rebecca Frazier ("Debtor"). Eric W. Lam appeared for the Trustee ("Chapter 7 Trustee"). Debtor filed a Motion to Set Aside Discharge and Reconvert the case from Chapter 7 to a Chapter 13. Debtor previously exercised her right to convert from a Chapter 13 to a Chapter 7 under 11 U....
RULING ON DISCHARGEABILITY OF STUDENT LOANS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for hearing in Cedar Rapids, Iowa. Steven G. Klesner appeared for Debtors Joshua and Krystal Swafford ("Debtors"). Matthew C. McDermott appeared for creditor Aspire Resources, Inc. ("Aspire"). Brooke Suter Van Vliet appeared for creditor Educational Credit Management Corporation ("ECMC"). Martin J. McLaughlin appeared for John B. King and the United States Department...
RULING ON CONFIRMATION OF CHAPTER 12 PLAN, MOTION TO USE CASH COLLATERAL, AND MOTION FOR RELIEF FROM STAY THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court for hearing on January 9, 2019. Ronald Martin and Aaron Blair of Day Rettig Martin, P.C. appeared for Debtors Jim and Julie Fuelling ("Debtors"). Peter Chalik of Whitfield & Eddy, P.L.C. appeared for Agrifund, LLC ("ARM"). Wesley Huisinga of Shuttleworth & Ingersoll, P.L.C. appeared for Freedom Bank. Carol...
RULING ON MOTION FOR DECLARATION THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . This matter came before the Court on a "Motion for Declaration that Redemption Period is not Tolled and that Issuance of Sherif's Deed will not Violate the Automatic Stay." The Court held a hearing on this matter in Sioux City, Iowa. Daniel L. Hartnett appeared for Iowa-Nebraska State Bank ("Bank"). Wil Forker appeared for Donald Lieber ("Debtor"). The parties submitted briefs regarding this Motion. This is a core...
RULING ON MOTION FOR SANCTIONS THAD J. COLLINS , Chief Bankruptcy Judge . This matter came before the Court for hearing on February 21, 2019. Attorney Kevin Ahrenholz appeared for Debtors Kurt and Luann Karr ("Debtors"). Attorney Benjamin Lange appeared for unsecured creditor Hauser's Water Systems, Inc. ("Hauser's"). Debtors bring this Motion for Sanctions against Hauser's for its alleged violation of the discharge injunction under 11 U.S.C. 524. Hauser's filed an action in state court...
RULING ON MOTION FOR SANCTIONS THAD J. COLLINS , Bankruptcy Judge . This matter originally came before the Court on April 26, 2018. During the hearing, the Movant requested the Court to continue the matter to accommodate an expert witness. The Court granted the request and continued the hearing to October 31, 2018. Peter Arling of O'Connor & Thomas appeared at the October hearing for the Movant, unsecured creditor Kurt Burbach ("Burbach"). Joseph Peiffer of Ag & Business Legal Strategies...
RULING ON OBJECTION TO EXEMPTION THAD J. COLLINS , Chief Bankruptcy Judge . This matter came before the Court for hearing on December 6, 2018. Donald Molstad appeared for himself as Chapter 7 Trustee ("Trustee"). Martha McMinn appeared for debtors Deyonta Batiste and Stacia Batiste ("Debtors"). This is a core proceeding under 28 U.S.C. 157(b)(2)(B). Debtors filed their Chapter 7 Petition on June 11, 2018. Debtors amended their Schedule C on August 13, 2018 to claim as exempt $971.90...
