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CategoryCase NameDate Filed
Hide details for B - BankruptcyB - Bankruptcy
Oyens Feed & Supply, Inc. v. Primebank and Crooked Creek Corp. v. Primebank and Oyens Feed & Supply, Inc. -- Report and Recommendation on appeal from a decision and judgment entered by the United States Bankruptcy Court for the Northern District of Iowa. Court concluded two questions of statutory construction should be certified to the Iowa Supreme Court for resolution.05/05/2015Leonard T. Strand
First Security Bank & Trust Company v. Herman Vander Vegt, et al. (Bankruptcy, appeal by bank creditor from a decision of the bankruptcy court permitting debtors to incur additional debt for farm improvements, pursuant to 11 U.S.C. § 364(d), from a new creditor and the bankruptcy court’s denial of the bank’s motion to dismiss debtors’ Chapter 12 case for failure to timely file a reorganization plan; analysis of whether the bankruptcy court erred in its determinations that debtors had satisfied the requirements of 11 U.S.C. § 364(d) to permit them to incur secured debit and that the debtors had met the required standard, under 11 U.S.C. § 1221, for an extension to file their proposed reorganization plan; affirming the bankruptcy court in its entirety.)05/28/2014Mark W. Bennett
Timmerman, et al v. Eich, et al : (action by debtors and case trustee against former bankruptcy attorneys for malpractice and breach of warranty; bankruptcy attorneys’ motion for summary judgment: standing of the trustee to assert malpractice claims, involving the effect of 11 U.S.C. § 1207 on definition of property of the estate; subject matter jurisdiction over bankruptcy malpractice claims pursuant to 28 U.S.C. § 1334; applicability of issue preclusion and judicial estoppel when prior judgment is by consent; applicability of doctrine of in pari delicto; availability of emotional distress damages for bankruptcy malpractice; availability of a breach of warranty claim with a malpractice claim; availability of punitive damages) 09/12/2011Mark W. Bennett
In re Doylene K. Roberts (Hanrahan v. Doylene K. Roberts); Order affirming Bankrupty Court's ruling that debtor could claim California property exempt under Iowa homestead exemption05/05/2011Linda R. Reade
Luken v. Edwards (Case brought under Title III of the Omnibus Crime and Control and Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2520 (“Title III” or “the Act”) for intercepted telephone calls between plaintiff and other individuals, including his attorney, with pendent claims for invasion of attorney-client privilege, invasion of privacy, and under Iowa’s wiretapping act, Iowa Code § 808B.8; motion to dismiss for failure to state a claim; concluding that Amended Complaint’s factual allegations that plausibly stated claims under Title III, Iowa Code § 808B.8, and invasion of privacy, but dismissing invasion of attorney-client privilege claim because it is not recognized under Iowa law.05/03/2011Mark W. Bennett
In re Robert K. Miell (appeal by Chapter 11 debtor, facing sentencing on federal criminal charges and tax litigation, from the bankruptcy court’s denial of his motion to hire attorneys and to pay them from the estate: whether 11 U.S.C. § 105(a) can be used to provide a mechanism for payment of a debtor’s attorneys from the bankruptcy estate in a Chapter 11 case in the same way that 11 U.S.C. § 330(a)(4)(B) might provide for payment of attorneys from the bankruptcy estate in Chapter 12 and Chapter 13 cases.) 08/19/2009Mark W. Bennett
Equal Employment Opportunity Commission and Janet Boot, Barbara Grant, Cindy Moffett, Remcey Jeunenne Peeples, Monika Starke, Latesha Thomas and Nicole Ann Cinquemano v. CRST Van Expedited, Inc.; court dismissed certain claims of an intervenor and EEOC because intervenor and alleged aggrieved individuals failed to disclose sex discrimination claims in their bankruptcy proceedings05/13/2009Linda R. Reade
U.S. v. Roger Waldner; court sentenced defendant to 120 months imprisonment on his pleas of guilty to two counts of bankruptcy fraud, arising out of In Re H & W Motor Express Co, No. 02-2017 (Bankr. N.D. Iowa Jun. 12, 200207/07/2008Linda R. Reade
In Re Knudsen (Cross-appeals by family farmer debtors and the IRS of the bankruptcy court’s denial of family farmer debtors’ amended plan of reorganization in a Chapter 12 case: whether family farmers, who liquidated their slaughter hogs to convert their farming operation from a farrow-to-finish hog operation to a custom hog-raising operation, can obtain the benefits of 11 U.S.C. § 1222(a)(2)(A), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), that would allow the taxes generated by the sale of their slaughter hogs to be treated as an unsecured claim against their bankruptcy estate subject to discharge; whether the determination of taxes receiving the beneficial treatment of § 1222(a)(2)(A) should be allocated according to the IRS’s “proration method” or the debtors’ “marginal method”; whether § 1222(a)(2)(A) is applicable to post-petition transactions; and whether post-petition taxes may be treated as administrative expenses of the estate in a Chapter 12 case)06/12/2008Mark W. Bennett
U.S. v. Chris Pipkin; ordering defendant to make restitution despite an order of discharge over the restitution in bankruptcy court02/19/2008Linda R. Reade
Earl Harrison and Mariam P. Harrison vs. Rockwell Collins, Inc., Aetna Life Insurance Comany, and Rockwell Collins Employee Health Plan Number 700 (denial of benefits for hospital bills)09/25/2007Jon Stuart Scoles
In re H & W Motor Express Company; Larry S. Eide, Chapter 7 Trustee, Plaintiff, vs. Urban R. Haas and Patricia M. Haas, Individually and as Trustees of the Marie C. Haas Trusts, f/b/o Urban Andrew Haas, Christopher James Haas, Aimee Marie Haas, n/k/a Aimee Marie Haas Walsh and Catherine Anthoine Haas, Defendants and Third-Party Plaintiffs, vs. Roger Waldner, Third-Party Defendant; Order on motion to withdraw reference of case or proceeding within case 05/01/2006Linda R. Reade
U.S. v. Daniel P. Mitchell; Order granting defendant's motion for new trial01/04/2006Linda R. Reade
In Re Francis P. Takes and Mary L. Takes, Debtors; (LaSalle Bank, N.A. and Valley Bank, Appellants v. Frances P. Takes and Mary L. Takes); Order reversing Bankruptcy Court's finding that debtor's residence was completely exempt12/05/2005Linda R. Reade
In Re Iowa Oil Company, Debtor and Iowa Oil Company, Plaintiff v. Citgo Petroleum Corporation, Defendant; Appeal of bankruptcy court's decision denying setoff of credit card receipts retained by creditor pursuant to terms of franchise agreement for amounts retained both prepetition and postpetition and denying creditor's right to setoff or recoup amount of state fuel taxes paid by creditor on behalf of debtor and ordering that creditor turn over to the bankruptcy estate the full amount of credit card receipts retained by creditor. Reversed in part, affirmed in part and remanded. 09/30/2004Linda R. Reade
Wilson v. Sergeant (Appeal from United States Bankruptcy Court for the Northern District of Iowa; debtor/appellants appeal from bankruptcy court’s ruling sustaining Trustee’s objection to exemption of debtor’s direct payments under Farm Security and Rural Investment Act of 2002 (“Farm Bill”) as public assistance benefits under Iowa Code § 627.6(8)(a); as phrase “public assistance benefit” not defined by statute, court adopts plain meaning accorded to the phrase by In re Longstreet, 246 B.R. 611, 614 (Bankr. S.D. Iowa 2000); purpose behind direct payments under the Farm Bill matched purpose behind exempting public assistance benefits; exemption of public assistance benefits by Iowa legislature without any further elaboration left to local, state, and federal governments to determine which classes of persons were ‘needy’; exemption of Farm Bill payments consistent with statutory placement of “public assistance benefits”; exemption of Farm Bill payments furthered principles behind the Farm Bill as well as general purposes behind Iowa exemption statute; judgment of bankruptcy court respectfully reversed.)01/28/2004Mark W. Bennett
Transamerica Financial Life Insurance Co., et al. v. Merrill Lynch & Co., Inc.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand11/17/2003Linda R. Reade
AUSA Life Insurance Co., et al. v. Citigroup, Inc., et al.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand04/24/2003Linda R. Reade
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