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ACKLEY STATE BANK v. HAUPT

No. 89-437.

451 N.W.2d 495 (1990)

ACKLEY STATE BANK, Appellant, v. Clarence D. HAUPT, Appellee.

Supreme Court of Iowa.

Rehearing Denied March 21, 1990.

Attorney(s) appearing for the Case

Michael M. Pedersen of Martin, Nutting, Miller, Keith, Pedersen & Scully, Waterloo, for appellant.

Patrick W. Brooks of Brooks, Ward & Trout, Marshalltown, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN, and ANDREASEN, JJ.

HARRIS, Justice.

A bank is attempting to collect on a loan it made to a dairy farmer. The farmer claims the obligation was discharged in bankruptcy. The bank in turn suggests compelling reasons why the discharge in bankruptcy did not bar recovery. The question is whether, as the trial court held, the bank is contending against the bankruptcy discharge in the wrong forum. We affirm.

Defendant, Clarence D. Haupt, signed a note for $95,104 to the Ackley State...

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