MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Debtors' request for declaratory judgment on the effect and applicability of a Manure Stockpiling Agreement entered into between Cyclone Cattle, LLC and Aaron and Teri Vorthmann. 2 Jurisdiction of this matter arises under 28 U.S.C. sections 157(b)(1) and 1334. For the reasons that follow the Court concludes that the Manure Stockpiling Agreement is not a valid easement which is enforceable against the real...
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Debtors' request for declaratory judgment on the effect and applicability of a Manure Stockpiling Agreement entered into between Cyclone Cattle, LLC and Aaron and Teri Vorthmann. 2 Jurisdiction of this matter arises under 28 U.S.C. sections 157(b)(1) and 1334. For the reasons that follow the Court concludes that the Manure Stockpiling Agreement is not a valid easement which is enforceable against the real...
NUNC PRO TUNC MEMORANDUM OF DECISION (date entered on docket: February 5, 2020) ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Debtor's objection to Evan Larsen's filed Proof of Claim stating that he holds a secured claim in the amount of $446,884.36. The Court has jurisdiction of these matters under 28 U.S.C. 157(b)(1) and 1334. DISCUSSION Keast Enterprise, Inc. ("Debtor") is a corporate entity registered and organized under Iowa law. It engaged in farming with...
MEMORANDUM OF DECISION ( date entered on docket: February 3, 2020 ) ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Debtor's objection to Evan Larsen's filed Proof of Claim stating that he holds a secured claim in the amount of $446,884.36. The Court has jurisdiction of these matters under 28 U.S.C. 157(b)(1) and 1334. DISCUSSION Keast Enterprise, Inc. ("Debtor") is a corporate entity registered and organized under Iowa law. It engaged in farming with affiliated...
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is a contested matter involving the Liquidating Trustee's objection 1 to Abigail Land Holdings II, LLC's tax lien (Abigail). Jurisdiction arises under 28 U.S.C. 157 and 1334. For the reasons stated the Trustee's objection is overruled. FACTS Debtor filed its petition on September 13, 2016. An amended Schedule E/F added the Union County Treasurer as an unsecured priority claimant in the amount of $267,102....
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . On July 27, 2018 the Court held a hearing on the Debtor's combined Disclosure Statement and Plan that was jointly proposed by Fansteel Foundry Corporation and the Official Committee of Unsecured Creditors (OCC) (docket numbers 758, 759, 766, 804) (hereinafter "Plan"). The Court has jurisdiction pursuant to 11 U.S.C. sections 157 and 1334. For the reasons that follow 510's objections to the Disclosure Statement and Plan are...
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . The above captioned cases involve Iowa residents that were clients of the VandenBosch Law Firm ("Law Firm") located in Omaha, Nebraska. Actions taken by counsel involving these clients resulted in the Office of United States Trustee ("UST") filing Motions for Examination of Fees and for Refund of Fees and/or Civil Penalty and the Court's Order to Show Cause. FACTUAL BACKGROUND Antonio VandenBosch is an attorney licensed to...
MEMORANDUM OF DECISION (date entered on docket: May 24, 2017) ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is American National Bank's ("ANB") complaint which seeks to except its debt from discharge and denial of the Debtors' general discharge. The Court has jurisdiction of this matter under 28 U.S.C. 1334, 11 U.S.C. 522, and Fed. R. Bankr. P. 4003. FACTS On December 9, 2015 Craig and Mary Lewis ("Debtors") filed a voluntary petition for relief under chapter 7 of the...
NUNC PRO TUNC MEMORANDUM OF DECISION (date entered on docket: May 9, 2017) ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Motion for Allowance and Payment of Professional Fees of TCTM Financial FS, LLC (Weil Billing #1). Weil, Gotshal & Manges LLP ("Weil"), lead counsel for TCTM, filed its first Motion for Allowance and Payment of Professional Fees and disbursements for the period of September 1, 2016 through October 31, 2016 in the amount of $1,040,591.92. The U.S....
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Motion for Allowance and Payment of Professional Fees of TCTM Financial FS, LLC (Weil Billing #1). Weil, Gotshal & Manges LLP ("Weil"), lead counsel for TCTM, filed its first Motion for Allowance and Payment of Professional Fees and disbursements for the period of September 1, 2016 through October 31, 2016 in the amount of $1,040,591.92. The U.S. Trustee objects to the reasonableness of this request. The...
MEMORANDUM OF DECISION (date entered on docket: February 28, 2017) ANITA L. SHODEEN , Bankruptcy Judge . Before the Court is the Official Unsecured Creditors Committee's ("Committee") Motion to Reduce Exclusivity Period ("Motion") that TCTM Financial, LLC ("TCTM") has joined, and the Debtors' objection to that request. The Court has jurisdiction of this matter under 28 U.S.C. 157(b)(1) and 1334. Having considered the evidence, arguments and relevant filings, the Motion is denied....
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . Before the Court are Pedro Garza's Motions to Extend Time to file complaints and the Debtor's objections are before the Court. The Court has jurisdiction of this matter under 28 U.S.C. sections 157(b)(1) and 1334. For the reasons stated here: the Motions to Extend Time are denied. FACTS On January 12, 2012 the District Court in Douglas County Nebraska entered summary judgment in favor of Peoples National Bank (the "Bank") in...
MEMORANDUM OF DECISION ANITA L. SHODEEN , Bankruptcy Judge . COURSE OF PROCEEDINGS Before the Court is the Trustee's Objection to debtor's claim of exemption in the Additional Child Tax Credit as a public assistance benefit pursuant to Iowa Code section 627.6(8)(a) (2014). At the evidentiary hearing that was conducted, Dallas Janssen, Chapter 7 Trustee ("Trustee"), appeared on behalf of the estate, and Felicia Hatch was represented by Nancy L. Thompson and Samuel Z. Marks. An amicus...
MEMORANDUM OF DECISION ANITA L. SHODEEN, Bankruptcy Judge. The matter before the Court arises from the trial conducted in the above captioned adversary complaint. Appearing for the Plaintiffs were Chet A. Mellema and Donald F. Neiman. The Defendant, Beverly De Ronde ("Defendant" or "De Ronde"), was represented by Michael L. Jankins. At the conclusion of trial the matter was deemed fully submitted. Jurisdiction for these matters is found at 28 U.S.C. sections 157(b)(1) and 1334. The...
MEMORANDUM OF DECISION ANITA L. SHODEEN, Bankruptcy Judge. Debtor's Second Amended Plan and a Motion for Relief from Stay filed by the primary secured creditor are before the Court. Jurisdiction of these matters are governed by 28 U.S.C. sections 157(b)(1) and 1334. For the reasons discussed herein, confirmation of the Debtor's Second Amended Plan is denied. Riverbend Leasing L.L.C. is a limited liability company formed under Iowa law in April 2002. ("Debtor" or "Riverbend"). The original...
