Iowa Northern District | ABI

A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says

Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.

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Iowa Northern District

A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

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Iowa Northern District

Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt

In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.

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Iowa Northern District

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

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Iowa Northern District

FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

Court :

Iowa Northern District

‘Doing Everything Possible’ Can Result in Cutting a Fee Request, Judge Thad Collins Says

An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.

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Iowa Northern District

In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans

Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.

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Iowa Northern District

Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay

Section 105(a) was utilized because Section 1301 is silent on sanctions.

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Iowa Northern District

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.

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Iowa Northern District

Judge Writes a Treatise on Provisional Overdrafts and Preferences

No debt, and thus no preference, arises until after the midnight deadline.

Court :

Iowa Northern District

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