RULING ON DEBTOR'S MOTION FOR ENTRY OF DISCHARGE Thad J. Collins , Chief Bankruptcy Judge . This matter came before the Court at a telephonic hearing. Derek Hong appeared for the Debtor, Joshua J. Cochran ("Debtor"). Carol F. Dunbar appeared as the Chapter 13 Trustee ("Trustee"). Creditor, Melissa Marvel ("Ms. Marvel") appeared pro se. The hearing addressed Debtor's Motion for Entry of Discharge and Notice of Deadline. Ms. Marvel objected to Debtor's Motion for Entry of Discharge. This...
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...
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....
