Candice Katharine Campbell v. Washington State Bank - Withdrawal Petition Denied
Summary
The US Bankruptcy Court for the Southern District of Iowa denied Candice Katharine Campbell's petition for withdrawal of reference, filed against Washington State Bank on April 10, 2025. The court found the nineteen-page petition consisted of incomprehensible legalese and failed to show cause for withdrawal under 28 U.S.C. § 157(d). The matter remains with the bankruptcy court for further proceedings.
“Campbell's nineteen-page petition consists of incomprehensible legalese and fails to show cause for withdrawal at this juncture of the proceedings.”
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The court denied Campbell's petition finding that her nineteen-page petition consisted of incomprehensible legalese and failed to show cause for withdrawal under 28 U.S.C. § 157(d). The court also found that resolution of the proceeding does not require consideration of both title 11 and other laws of the United States. The matter remains with the bankruptcy court for further proceedings. Parties seeking similar withdrawal of reference should note that petitions must demonstrate specific cause and articulate constitutional claims in comprehensible legal language.
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April 29, 2025 Get Citation Alerts Download PDF Add Note
Candice Katharine Campbell
United States Bankruptcy Court, S.D. Iowa
- Citations: None known
- Docket Number: 25-00358
Precedential Status: Unknown Status
Trial Court Document
eee eee Oe ee se ee Oo Ee ee ee ae er doe a! el oe “Vy a LE oe
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA
CENTRAL DIVISION
CANDICE KATHARINE CAMPBELL, No. 4:25-cv-00135-RGE-HCA
Plaintiff,
ORDER DENYING
PLAINTIFF’S PETITION FOR
WITHDRAWAL OF THE
WASHINGTON STATE BANK, REFERENCE TO
BANKRUPTCY COURT
Defendant.
Now before the Court is Plaintiff Candice Katharine Campbell’s pro se Petition for
Withdrawal from Automatic Referral and Notice of Removal. Pl.’s Pet. for Withdrawal of
Reference, ECF No. 1.
Construing Campbell’s pro se petition liberally, the Court sets forth the relevant facts as it
understands them. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam). On March 12,
2025, Campbell filed a voluntary Chapter 7 Petition in the United States Bankruptcy Court in the
Southern District of Iowa. Pet., in the Matter of Candice Katharine Campbell, No. 25-00358-lmj7
(Bankr. $.D. lowa March 12, 2025), ECF No. 1. In her bankruptcy petition, Campbell sought
financial relief and protection from Defendant Washington State Bank, among other creditors. 7d.
at 11. This appears to be Campbell’s third bankruptcy case in the Southern District of Iowa. Clerk’s
Evidence of All Repeat Filings, No. 25-00358-Imj7, ECF No. 7 (noting previous Chapter 7 filings
in 2003 and 2011). On April 10, 2025, Campbell filed a motion for withdrawal of reference in her
bankruptcy proceeding. Pet’r’s Mot. Withdrawal of Reference, No. 25-00358-lmj7, ECF No. 10.
The Clerk of Bankruptcy Court transmitted the motion to this Court. Docket Text Order, No. 25-
00358-Ilmj7, ECF No. 11.
Campbell “seeks relief from the automatic referral to the Bankruptcy Court,” arguing
ESE NE NANI EN et Nee DN A PU eet UP MY eI
“certain agreements entered into by [Campbell] and Washington State Bank . . . under the
Borrower-in-Custody (BIC) Program” are unconstitutional. ECF No. 1 at 9. She states she “aims
to ensure that these core constitutional issues are addressed before a constitutionally empowered
tribunal.” Ja. .
Pursuant to 28 U.S.C. § 157 (d), the Court may withdraw any case automatically referred
to the bankruptcy court “for cause shown.” 28 U.S.C. § 157 (d). The Court “shall. .. withdraw a
proceeding if the court determines that resolution of the proceeding requires consideration of both
title 11 and other laws of the United States regulating organizations or activities affecting interstate
commerce.” Jd.
Campbell’s nineteen-page petition consists of incomprehensible legalese and fails to show
cause for withdrawal at this juncture of the proceedings. See generally ECF No. 1 at 6-24. The
Court also finds that “that resolution of the proceeding [does not] require[] consideration of both
title 11 and other laws of the United States regulating organizations or activities affecting interstate
commerce.” 28 U.S.C, § 157(d). Campbell’s petition is denied. This matter is referred to the United
States Bankruptcy Court for the Southern District of Iowa for further proceedings. Should the
Bankruptcy Court ultimately find resolution of the petition requires consideration of issues beyond
its jurisdiction, the Bankruptcy Court may, at that time, transfer the matter to this Court.
IT IS ORDERED that Plaintiff Candice Katharine Campbell’s Petition for Withdrawal
of the Reference, ECF No. 1, is DENTED.
IT IS SO ORDERED. Pa.
Dated this 25th day of April, 2025. (fle Lees Clay
BECCA G: ERINGER
UNITED States DistRIcT JUDGE
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Source document text, dates, docket IDs, and authority are extracted directly from US Bankruptcy Court S.D. Iowa.
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