In re Shaffer, 481 B.R. 15, 285 Ed. Law Rep. 893, 8th Cir.BAP (Iowa), October 30, 2012
Oct 30, 2012OUTCOME: Client won at trial level and on appeal.
Client sought discharge of her student loans in bankruptcy.
Steven G. Klesner's Legal Cases (5)
Iowa City, IA
Bankruptcy and debt Lawyer at Iowa City, IA
Practice Areas: Bankruptcy & Debt, Foreclosure
In re Roberts, 450 B.R. 159 (N.D. Iowa 2011)
May 05, 2011OUTCOME: Rulings in favor of the client at trial level and on appeal
Client, part-owner of Malibu, California home with ex-spouse, sought to protect her ownership in the home under Iowa's unlimited homestead exemption. The Chapter 7 trustee objected to the claimed exemp ... tion. Because the client had lived in Iowa for two years and had not abandoned her interest in the home as her legal homestead during the protracted divorce-court splitting of property, she could protect the property under Iowa's unlimited homestead exemption.
Cumberworth v. U.S. Dept. of Educ., 347 B.R. 652 (8th Cir BAP 2006)
Aug 10, 2006OUTCOME: Rulings in favor of the client at trial level and on appeal
Wife's student loans were discharged. Disabled husband's V.A. disability income was excluded from hardship analysis because he had been declared incompetent to manage his affairs by the V.A. and a fidu ... ciary had been appointed, and fiduciary testified that he could not expend any of husband's income on her student loans without approval from the V.A.
In re Batzkiel, 349 B.R. 581 (Bkrtcy.N.D.Iowa 2006)
Aug 07, 2006OUTCOME: Clients prevailed, and were granted Chapter 7 discharge
In an early case under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States Trustee filed motion to dismiss case based on clients' income level. The court found that t ... hey had unusually high motor vehicle operating expenses, which constituted "special circumstances" which rebutted presumption of abuse.
In re Goodfellow, 298 B.R. 358 (Bkrtcy.N.D.Iowa 2003)
Sep 03, 2003OUTCOME: Client awarded $10,000 plus attorney fees as sanctions against abusive creditor
Client filed motion for sanctions against credit card company that had continued to collect after bankruptcy case was filed. Bankruptcy court awarded $5,000 actual damages, $5,000 punitive damages, and ... $1,200 attorney fees.
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