HAWKEYE BANK & TRUST N.A. v. MILBURN

No. 87-1759.

437 N.W.2d 919 (1989)

HAWKEYE BANK & TRUST N.A., OF CENTERVILLE-SEYMOUR f/k/a Centerville National Bank, Appellee, v. Danny L. MILBURN, et al., Appellants.

Supreme Court of Iowa.

March 22, 1989.


Attorney(s) appearing for the Case

Marlyn S. Jensen, Osceola, for appellants.

Carol Wendl of Neiman, Neiman, Stone & Spellman, Des Moines, for appellee.

Considered en banc.


ANDREASEN, Justice.

In First National Bank v. Matt Bauer Farms Corp., 408 N.W.2d 51, 55 (Iowa 1987), we held that an automatic stay resulting from the filing of a voluntary petition in bankruptcy is a "stay" within the meaning of Iowa Code section 628.4 (1987)1 and acts to bar a debtor's statutory right to redeem from a real estate foreclosure sale. In this appeal we are presented with challenges...

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