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IN RE HAYES BANKRUPTCY

Civ. No. C97-1006 MJM.

220 B.R. 57 (1998)

In re HAYES BANKRUPTCY. MAQUOKETA STATE BANK, Appellant, v. Robert C. HAYES and Andrea Hayes, Appellees.

United States District Court, N.D. Iowa, Eastern Division.

March 12, 1998.

Attorney(s) appearing for the Case

Eric W. Lam, Moyer & Bergman, P.L.C., Cedar Rapids, IA, for Maquoketa State Bank.

Brian W. Peters, Naylor Hoover Peters & Blair, Dubuque, IA, for Robert C. and Andrea Hayes.

Memorandum Opinion and Order

MELLOY, Chief Judge.

I. Introduction

The Bankruptcy Court for the Northern District of Iowa (Honorable Paul Kilburg, Judge) denied Maquoketa State Bank's (the "Bank's") motion to convert the Hayes's bankruptcy to a Chapter 7 case. The Bank sought that motion in order to secure the appointment of a Chapter 7 trustee, who could avoid the mortgage on the Hayes's residence. The bankruptcy court explained its reasoning...

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