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Michael E. Kepler, Trustee v. Estate of Shirley A. Maiers, et al. (In re Hinzmann), Adv. No. 16-77, Case No. 15-10857-7 (01/09/2017) -- Judge Catherine J. Furay

Case Summary:
The Plaintiff, Chapter 7 Trustee Michael E. Kepler, filed an adversary complaint against Defendant, Thomas P. Maiers as Executor of the Estate of Shirley A. Maiers, seeking inter alia an order requiring the Defendant to turn over Debtor Ruth A. Hinzmann’s one-sixth beneficiary interest. In lieu of filing an answer, Defendant moved the Court for a change of venue pursuant to 28 U.S.C. § 1412. The Court denied the Defendant’s Motion for a Change of Venue concluding the Defendant failed to establish by a preponderance of the evidence that a change of venue was warranted.

Statute/Rule References:
11 U.S.C. § 541(a)(5)
28 U.S.C. § 1409 -- Venue of Proceedings
28 U.S.C. § 1412 -- Change of Venue
Iowa Code § 633.471 -- Right of Retainer

File: 
PDF icon Hinzmann_F.pdf
Judge: 
Chief Judge Catherine J. Furay
Date: 
Monday, January 9, 2017