Eide v. Rodemeyer (In re Rodemeyer)

99 B.R. 416, 1989 Bankr. LEXIS 555
CourtDistrict Court, N.D. Iowa
DecidedJanuary 4, 1989
DocketBankruptcy No. X88-00069M; Adv. No. X88-0116M
StatusPublished
Cited by1 cases

This text of 99 B.R. 416 (Eide v. Rodemeyer (In re Rodemeyer)) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eide v. Rodemeyer (In re Rodemeyer), 99 B.R. 416, 1989 Bankr. LEXIS 555 (N.D. Iowa 1989).

Opinion

MEMORANDUM OF DECISION AND ORDER RE: OBJECTIONS TO EXEMPTION IN LIFE INSURANCE AND COMPLAINT UNDER 11 U.S.C. §§ 544 AND 548

WILLIAM L. EDMONDS, Bankruptcy Judge.

There are two matters before the court. The case trustee, Larry S. Eide (TRUSTEE) and two creditors have filed objections to Timothy D. Rodemeyer’s claim of exemption in a life insurance contract with Aid Association for Lutherans (AAL). The second matter is trustee’s complaint under 11 U.S.C. §§ 544 and 548 seeking an avoidance of the transfer of property of the debtor in purchase of the life insurance contract and a return to the trustee of the transferred funds.

The objections to exemptions and the trustee’s complaint were consolidated by previous order of this court.

Trial was held in Fort Dodge, Iowa on August 30, 1988. The parties have filed briefs in support of their positions. The court, having considered the evidence and the arguments of the parties, now issues the following ruling which includes findings of fact and conclusions of law pursuant to Bankr.R. 7052.

This is a core proceeding under 28 U.S.C. § 157(b)(2)(B), (H).

FINDINGS OF FACT

1. Timothy D. and Patricia Rodemeyer, husband and wife, filed their joint voluntary petition under Chapter 7 of the Bankruptcy Code on January 15, 1988.

2. Timothy D. Rodemeyer (RODEMEYER) has been farming since 1973. He graduated from high school in 1971 and following graduation operated heavy equipment for two to three years prior to his beginning to farm. He has had no formal post-high school education.

3. During his farming career, Rodemeyer farmed as many as 800 acres in a season, some of which was owned by his father who is also a farmer.

4. In 1984 or 1985, Rodemeyer began obtaining operating loans from the United States of America acting for the Farmers Home Administration (FmHA).

5. Prior to 1984, he had obtained operating monies from the Hampton State Bank (BANK). His change from Bank to FmHA as a source of operating funds was occasioned by the Bank’s concern over the perceived problem status of Rodemeyer’s loan. Rodemeyer had granted Hampton State Bank a security interest in his crops and livestock.

6. Arrangements were made by Rode-meyer to have FmHA become the primary lender for his operation. As a result, on January 15, 1985, Mr. and Mrs. Rodemeyer entered into an agreement with the Bank in anticipation of the FmHA’s new financing. Rodemeyers were to pay their Bank debt down to $99,500.00 which sum would then be represented by two promissory notes, one for $43,500.00 and the second for $56,-[418]*418000.00. The $43,500.00 note was to be paid in full on May 17,1985 and is apparently no longer relevant to these disputes. The second note, in the amount of $56,000.00, was to draw interest at the rate of 13% with interest payable annually and principal reduction spread over four years. As part of the agreement executed January 15, 1985, Bank agreed it would subordinate its security interest in Rodemeyers’ property to the security interest of the FmHA.

7. As a result of the agreement on February 1,1985, Mr. and Mrs. Rodemeyer and Mr. Rodemeyer’s parents executed a promissory note to Bank identified as note no. 012236. This note specified essentially the same terms of repayment, but provided a maturity date of December 31,1989 stating that the note was a demand note but if no demand were made, then the note was due December 31, 1989. The promissory note also provided that it was “payable lk of prin. plus int. each 12/31 beginning 12/31/85 if funds are available from farm operatino (sic) by Tim & Pat.” The promissory note also contained a security agreement granting Bank a security interest in inventory, equipment, farm products, accounts and other rights to payment and general intangibles. No legal description of any crop land was provided in the security agreement. Debtors also executed a financing statement in favor of Bank which was filed with the Iowa Secretary of State on February 1, 1985. Collateral described included equipment, livestock, crops, and general intangibles. “General intangibles” were described as including government payments. The financing statement did contain a legal description of crop land.

8. On July 2, 1986, Rodemeyers executed a security agreement in favor of FmHA which included a grant of security in crops, livestock and “[a]ll accounts, contract rights and general intangibles, as follows: CORN DEFICIENCY PAYMENTS”.

9. Another security agreement was executed for FmHA on June 12, 1987. It granted FmHA a security interest in crops, livestock and accounts, contract rights and general intangibles, described as follows: “CASH PAYMENTS, PAYMENT IN KIND CERTIFICATES, ANY USDA PAYMENTS, OR CERTIFICATION OF PARTICIPATION IN ANY USDA PROGRAM.”

10. On December 5, 1986, two documents were completed for FmHA. One was a “cash flow statement” showing the Rodemeyers’ farm projections of income, expenses and debt repayment for the 1987 year. This cash flow statement was introduced into evidence as plaintiff’s exhibit 9 and is sometimes called a “farm home statement.” In the statement, debtors projected income from the sale of crops in the amount of $57,304.00; income from the sale of livestock in the amount of $210,-204.00; and governments and patronage dividends in the amount of $31,358.00. Section “C.l.b.” of the plan contemplated debt repayment to Federal Land Bank of Omaha (FLB) in the amount of $18,966.00 to be paid December 1, 1987 on a first mortgage loan from FLB. Source of the funds was to be the sale of corn, beans and hogs. Section “C.l.a.” dealt with “improvements and key practices — farm, home and financial management.” One item provided that debtors would “Get releases on all sales before spending the money.” The farm home plan was executed by Mr. and Mrs. Rodemeyer and by Mark Dunn, Assistant County Supervisor for FmHA.

11. The second document executed on December 5, 1986 was an “agreement for the use of proceeds/release of chattel security.” This was executed by Timothy D. Rodemeyer and Mark Dunn. In addition to the agreement between the FmHA and Mr. Rodemeyer, which was one page long, the form also included sheets containing columns for descriptions of dispositions of collateral both planned and actual. This form is described by FmHA as FmHA form 1961-1. The agreement between Timothy D. Rodemeyer and FmHA stated in pertinent part as follows:

“Tim and Pat Rodemeyer (referred to as the borrower) has (have) executed security instruments now held by the United States of America (referred to as the Government) at described property pledged by the borrower as collateral for [419]*419loan(s) received from the Farmers Home Administration (FmHA). The borrower plans to sell, exchange, or consume certain items of property and to use sales proceeds as described in this form. The Government will agree to allow the borrower to sell, exchange or consume security and to use the proceeds from the sale of such property provided the requirements of 7 CFR § 1962

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97 B.R. 514 (N.D. Iowa, 1989)

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Bluebook (online)
99 B.R. 416, 1989 Bankr. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eide-v-rodemeyer-in-re-rodemeyer-iand-1989.