The court granted an unopposed summary judgment to a debtor whose wages were garnished in the 90 days prior to the filing of the bankruptcy petition. The debtor established all the elements of a preferential transfer, so the transfers were set aside and the defendant was ordered to return the funds to the debtor.

The bankruptcy court granted summary judgment to a creditor in this Chapter 13 case, finding the debt non-dischargeable under 11 U.S.C. § 1328(a)(4). The creditor holds a judgment for actual and punitive damages and attorneys' fees for the debtor's willful, malicious, and reckless violation of the Iowa law against unauthorized interception and disclosure of oral communications. The court determined that the debt constitutes a debt "for . . .

On the debtors' challenge to the claim filed by their mortgage holder and servicer, the court granted summary judgment in favor of the creditor. First, the court determined the debtors had no standing to challenge the assignment of the promissory note to its current holder because they hadn't shown any harm to themselves as a result of the assignment, and because they earlier in the bankruptcy case had conceded that the note holder holds a valid perfected security interest in their residence.

After a trial on the dischargeability of the debtor's student loan indebtedness, the court ruled that the debt was excepted from discharge because the plaintiff did not meet her burden of proving an undue hardship. Questions remain as to available sources of income for the debtor and her minor children, and whether certain expenses are necessary or likely to exist for the foreseeable future.

The debtor's motion for summary judgment to discharge her student loans was denied because factual questions existed on the undue hardship analysis. In particular, current financial data and evidence of a Ford Program repayment plan were needed.