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METROPOLITAN LIFE INS. CO. v. DeKLOTZ

No. 88-184.

437 N.W.2d 925 (1989)

METROPOLITAN LIFE INSURANCE COMPANY, Appellee, v. Robert H. DeKLOTZ and Faye DeKlotz, Appellants, and Peoples Bank and Trust Company, and Benton County, Iowa, Appellees.

Supreme Court of Iowa.

March 22, 1989.

Attorney(s) appearing for the Case

Guy P. Booth of Booth & Chapman, Cedar Rapids, for appellants.

Randall A. Nazette of Nazette, Hendrickson, Marner & Goode, Cedar Rapids, for appellee Metropolitan Life Ins. Co.

Minor Barnes and Matthew G. Novak of Pickens, Barnes & Abernathy, Cedar Rapids, for appellee Peoples Bank and Trust Co.

Considered en banc.

ANDREASEN, Justice.

In this appeal, Robert and Faye DeKlotz challenge a district court judgment which held that they waived their right to redeem by obtaining an automatic stay of execution in bankruptcy court. The DeKlotzes challenge the constitutionality of Iowa Code section 628.4 (1987) and assert that if their right to redeem was barred by section 628.4 the stipulation to waive the automatic stay revived their right to redeem.

On December 1, 1979, Robert...

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