MEMORANDUM AND ORDER RE: MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR SANCTIONS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . Debtors brought Motions for an Order to Show Cause and for Sanctions Against the Internal Revenue Service (IRS) for violating the terms of their confirmed plan. The IRS retained post-petition tax refunds that the Debtors believed they should have received. The IRS argues that the Debtors were not entitled to receive these refunds and they did not violate this Court's...
ORDER AND MEMORANDUM THAD J. COLLINS , Bankruptcy Judge . Debtors brought this adversary proceeding to seek sanctions for Defendant's automatic stay violation. Keelan M. Driscoll obtained a judgment against Debtors before this bankruptcy and was in the process of garnishing Richard Pfeiffer's wages when Debtors filed bankruptcy. The garnishment did not immediately cease following the bankruptcy filing as the automatic stay requires. The Court held a trial on the matter on August 19, 2014....
THAD J. COLLINS , Bankruptcy Judge . RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Creditors Mark S. and Deborah K. Woodburn ("Plaintiffs") filed this case to challenge dischargeability of debts owed to them by Debtors, Todd and Nicolette Woodburn ("Debtors"). The parties filed cross-motions for summary judgment and supporting briefs on September 15, 2015. The Court held a telephonic hearing on October 2, 2015. William Toomey appeared for Plaintiffs. Steven Klesner appeared for Debtors. The...
MEMORANDUM AND ORDER RE: MOTION TO AMEND AND ALTER RULING THAD J. COLLINS , Chief Bankruptcy Judge . Defendant Super Wings International, Limited ("Super Wings") filed a Motion to Amend and Alter the Court's April 16, 2015 Ruling. That Ruling denied Super Wing's Motion to Dismiss Combined with or in the Alternative Motion for Summary Judgment ("Motion to Dismiss"). The Court held a hearing on May 7, 2015. Jeffrey Goetz appeared for Debtor. Eric Lam appeared for Super Wings. The Court...
MEMORANDUM AND ORDER RE: MOTION TO ALTER OR AMEND PRIOR ORDER THAD J. COLLINS, CHIEF BANKRUPTCY JUDGE . Debtors filed a Motion to Alter or Amend this Court's order issued on April 13, 2015. In re Legassick , 528 B.R. 777 (Bankr.N.D.Iowa 2015), ECF No. 221. The IRS opposes the Motion. The Court held a telephonic hearing on this matter on May 13, 2015. Abram V. Carls and Joseph A. Peiffer appeared for Debtors, and Curtis J. Weidler appeared for the IRS. Carol Dunbar appeared as the...
ORDER ON MOTION FOR SANCTIONS THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE Oyens Feed & Supply, Inc. ("Oyens") brought a second Motion for Sanctions against Primebank for its failure to comply with the Court's discovery order. After a telephonic hearing on October 18, 2013, this Court denied Oyens' first Motion for Sanctions without prejudice. Oyens filed a second Motion for Sanctions on January 6, 2014. The Court held a hearing on December 9, 2014. Joel Vos appeared on Oyens' behalf, and...
TRIAL RULING THAD J. COLLINS , CHIEF BANKRUPTCY JUDGE . Plaintiff One American Bank (the "Bank") brought this adversary seeking a determination that Debtors' business debt to the Bank is nondischargeable. Trial occurred in Sioux City, Iowa on September 18, 2014. Jeremy B. Saint appeared on Plaintiff's behalf, and Will Forker appeared on Debtors' behalf. The Court took the matter under advisement, and parties submitted post-trial briefs. This is a core proceeding under 28 U.S.C. 157(b)(2)(...
