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Des Moines, Iowa

Vol. 15 No. 44

February 16,1987

On Chapter 12 Bankruptcy Law

# Sen. Grassley Hears Banker Concerns
B y B E N H A L L E R , JR.
Publisher
S H E P R O M IS E D earlier, Sen.
Charles Grassley (R., Ia.) met
with a banking industry group in his
Des Moines office February 9 to dis­
cuss the great concerns all communi­
ty bankers are expressing over the
impact o f the Chapter 12 Bankrupt­
cy Law enacted in the 1986 Con­
gress and which became law
Thanksgiving Day. That legislation
was co-sponsored in the Senate by
Sen. Grassley.
Present for the meeting were the
Senator and two aides. Representing
the banking industry were Russell
S. Howard, president o f the Iowa
Bankers Association and chairman
of Mahaska Investment Co., Oskaloosa, a bank holding company that
owns three Iowa community banks;
Leslie Miller, assistant vice presi­
dent and ag loan officer at Davis
County Savings Bank, Bloomfield;
Neal Conover, chairman, First N a­
tional Bank in Creston, who testified
for A B A at Congressional hearings
on the bill; Neal Milner, executive
vice president, Iowa Bankers Asso­
ciation; W es Ehrecke, vice president
for government affairs, IB A ; Rich­
ard Stageman, recently retired
Bankruptcy Judge for Southern
Iowa and now a member o f Davis,

A

Hockenberg, Wine, Brown & Koehn
law firm, Des Moines, and this pub­
lisher.
The meeting was prompted by the
“ Open Letter to Senator Grassley”
which we published in the December
15 issue o f the Weekly Newsletter,
which described for the Senator the
great concerns over Chapter 12
being expressed to us by so many
banker readers. W e invited him to
meet with bankers at home and
listen to the problems they have
with this law that so many consider
was totally unnecessary. Sen. Grassley wrote a response to that letter,
published in full in our January 19
Newsletter, and the February 9
meeting ensued. In the meantime,
we gathered letters and various
documents from more than 50 bank­
ers who wrote us from across five
states with their views and experi­
ences. Photocopies of this entire file
were turned over to Sen. Grassley at
the meeting last week.
That meeting took a very positive
tone when Sen. Grassley expressed a
genuine interest in learning directly
from the bankers present how and
why they felt Chapter 12 would im­
pact banks adversely. The testi­
mony o f the participating bankers
touched basically on several points,
all of them using specific cases from

Q

within their own banks which, for
privacy reasons were not divulged
by name.
Each banker cited instances
already where farmer borrowers who
are currently making loan payments
with a positive cash flow and not
delinquent, but technically are insol­
vent because o f reduced land value
collateral, are threatening a Chapter
12 to get “ a free g ift” o f a reduced
secured loan position.
Mr. Howard cited a case where
the farmer actually made a small,
taxable income. However, the indivi­
dual is filing a Chapter 12 “ to get his
debt relieved and w e’ll lose $60,000.
That loan cash flows but that will be
no good under a Chapter 12.”
Another case was cited where the
borrower has enough to pay his
bank debt but is threatening a Chap­
ter 12 on the Federal Land Bank,
which holds the m ortgage on 320
acres. “ W e ’ll be sucked in,” was the
comment, “ and we have no idea
what our loss could be even though
we are now marginally collatera­
lized.”
Mr. Conover suggested to Sen.
Grassley that since so many farmers
are in trouble in their dealings with
the F L B that there should perhaps
be separate consideration for long­
term and short-term debt so that the
deficiency with the F L B long-term
debt doesn’t taint the short-term
debt that is being cash flowed with
the local bank. Ms. M iller agreed
and said, “ The failure to deal with

F irs t In te rs ta te

B

Iowa Division
1-800-362-1615 Ext. 7019
Randy Steig

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Federal Reserve Bank of St. Louis

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Ken Danilson

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Bill Mullins

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is not an Iowa problem only. A t the
conclusion o f the meeting, Sen.
Grassley arranged with IB A o ffi-^
NORWEST BANKS
Call (515) 245-3131 or toll-free (800) 362-2514
Member FDIC
cials to meet with the IB A delega­
tion when they visit W ashington
early in A p ril and go over the bill
completely, noting IB A banker re -^
commendations for changes th a t^
should be made in the law. H e pro­
mised to take that information to
the subcommittee which he chaired
at the time he co-sponsored the b ill,^
John Cretzmeyer
although he is no longer chairman.
The IB A accepted this offer and is
the Federal Land Bank is para­ I felt it should be more in the Chap­ making arrangements to have re­
mount. They (FLB ) threaten they’ll ter 11 context, but it slipped more commendations spelled out for that
drag bankers down with them before into the Chapter 13 context. It is in­
April meeting.
D#
tended to bring more negotiation. I f
they’ll mediate.”
Both Mr. Howard and Ms. Miller you are really going to make it work,
Iowa News
stated emphatically to Sen. Grass- it needs more than three years of
The Central Iowa chapter o f the
ley that many g o o d farm customers supervision to pay o ff unsecured
are unhappy that other borrowers creditors. W h y should creditors and Bank Administration Institute will
can walk away free on a bankruptcy. bankers have to spend more on hold its monthly meeting Feb. 19 a t #
Ms. M iller also pointed out, “ Large supervising these people? A s money the Quality Inn Westmark at I 80
amounts o f debt are held in a few starts to come in, creditors should and Ashworth Road, Des Moines.
hands. I f those are dealt with be able to ask for a re-opening o f the The topic o f bottom line banking
through bankruptcy, they’ll be com­ case to recover any gain. It needs will be presented by Robert DeMeulpressed through Chapter 12 instead the benefit o f 11.11B so they (credi­ enaere, B re n to n B anks, D a le #
o f being worked out over a longer tors) can gain the advantage of Froehlich, Ankeny State Bank, and
time. W e ’ve crunched all o f the future appreciation. Otherwise, it ’s Robert Millen, First Interstate
Bank.
numbers and we feel we can work a windfall to the farmer.”
Mr. Milner concurred, stating,
out things better than going into
IO W A C IT Y : Richard “ D ick” A . #
bankruptcy with all the attendant “ Also, this would protect against
Barkalow, senior vice president of
the farmer who cash flows, but files
expenses.”
Iowa State Bank and Trust, died
Judge Stageman observed, “ W e a Chapter 12, reduces his debt, then
Feb. 22 after a long illness. H e had
have the law and have to live with it. gains by any valuation increase
been with the bank since 1951.
which the lending bank can’t
M IS S O U R I V A L L E Y : Gregory D. •
touch.”
Comments from other states were Pollard has been elected president
included in the testimony to assure and chief executive officer o f The
Sen. Grassley and his aides that this First National Bank. H e has been

Norwest Bank Des Moines, N.A.

Ye am work:
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Jerry Trudo
MNB Correspondent Banker

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OWNED BY BANKERS

SERVING BANKERS

Call on the “Experienced Professionals”
Ready to meet your
correspondent needs.
with the bank since 1981 serving as
executive vice president.
O T T U M W A : Roger Rinderknecht,
president o f Union Bank & Trust
• C o . since 1986, will also serve as
chief executive officer o f the bank.
He has been with the bank since
1985. Bob Bastron has been named
senior vice president and cashier. He
• m o s t recently served as vice presi­
dent and cashier. H e also heads the
operations division. In addition,
Frank Juvan has been elected senior
vice president and senior trust offi­
c e r . H e has been with the bank since
1972 and is the head o f the trust
department.
V A N H O R N E : Michael C. H agerty
• h a s been elected executive vice
president o f Van Horne Savings
Bank, according to W illiam J.
Beohm, president. H e succeeds
David Coulter, who has resigned.
• M r . H agerty previously was vice
president o f Tama State Bank.

Nebraska News
B E L L E V U E : Bank o f Bellevue has
• elected the following to vice presi­
dent status: Linda Balash, director
of personnel and marketing; Bar­
bara Plott, and Jack D. Steinbeck,
cashier. Ms. Balash joined the bank
• in 1970, and Ms. P lott joined the
bank in 1976. Mr. Steinbeck joins
the bank from M etro North State
Bank in Kansas City, Mo., where he
served as vice president and cashier.
^ G O R D O N : John L. W ay has been
promoted from assistant vice presi­
dent to vice president o f Gordon
State Bank.

^EFirsTierBank
Lincoln
13th & M Streets, Lincoln, Nebraska 68501

football coach John Gutekunst will
be a special guest speaker at the
Minnesota Bankers Association In­
vesting for Profits Seminar sche­
duled for Mar. 5 at the H otel Sofitel
in Bloomington. H e will address the
noon luncheon. The all-day seminar
will feature various investment ex­
perts discussing new investment
products and services, tax reform
impact on investment portfolios and
interest rate outlooks. The seminar
is sponsored by the M B A invest­
ments and funds management com­
mittee, which is chaired by G. M ar­
tin Robertson, president o f State
Bank o f Rogers.

Illinois News
The Illinois Bankers Association
will hold its Consumer Credit Con­
ference Feb. 25-26 at the H ya tt Re­
gency W oodfield in Schaumburg.
The one-and-one-half day annual
meeting will feature sessions on
home equity Unes o f credit, student
loans, auto/RV/marine loans and
other topics for retail bankers.

FirsTier Bank, N.A., Lincoln, Member FDIC

nounced he will retire at the end of
this year. H e has been elected vice
chairman o f the board and is suc­
ceeded as president by Ron Scott,
formerly vice president, who joined
the First State Bank in 1962 as a
teller.
M IL E S C IT Y : Craig Rehm has been
promoted to vice president o f First
Interstate Bank o f M iles City. He
joined the bank in 1984.

Colorado News
D E N V E R : United Bank o f Denver
has elected the following to execu­
tive vice president status: Beverly J.
Haddon, consumer banking; W il­
liam S. Hershberger, asset manage­
ment services; Oliver W . Hickel I I I ,
funds management division, and
Lawrence J. Ricketts, investment
b an kin g. E le c te d sen ior v ic e
presidents were A lvin W . Haggerty,
Roger E. Johnson, Charles H.
Powers, Candice W . Rogers and
W illiam J. Rundorff.

South Dakota News
B O W D LE : The State Banking Com­
mission has approved the applica­
tion of the Leola State Bank, Leola
to acquire the Bowdle State Banl
and establish a branch bank at Bow
die.
H IG H M O R E : The application of
the First State Bank, Highmore to
move its main office to M iller and
establish a branch bank at Highmore has been approved by the
State Banking Commission.

Montana News
Minnesota News
University

of

Minnesota

head

M A L T A : Roger Ulrich, president of
First State Bank since 1964, has an­

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POSITIONS AVAILABLE
$171MM organization is looking for a talented and person­
able SR CREDIT ADMINISTRATOR to join our manage­
ment team. Send resume to File No. WHZ c/o North­
western Banker.
(PA)
PRESIDENT. $10MM East central Iowa bank has A + rat­
ing and wants to keep it. Seeking detail oriented CEO w ith
ag expertise. Send resume to File No. WIH c/o North­
western Banker.
(PA)
COMMERCIAL LOAN OFFICER. Excellent opportunity for
individual w ith minimum 3 years commercial lending ex­
perience. Bank moving to Ames, IA. Send resume to or
contact Joseph R. Simmens, Pres., American State Bank,
Box 367, Roland, IA 50236. (515) 388-4331.___________ (PA)
OPERATIONS OFFICER. Excellent opportunity for indivi­
dual looking for a growth oriented bank. Prefer minimum
of 5 years experience w ith micro computer training. Bank
moving to Ames, IA. Send resume to or contact Joseph R.
Simmens, Pres., American State Bank, Box 367, Roland, IA
50236. (515) 388-4331.
(PA)
Position open for an experienced AGRICULTURAL LEND­
ING OFFICER. Insurance and accounting background
beneficial. Send resume and salary requirements to Ar­
nold Leen, Citizens State Bank, Box 126, Waterville, MN
56096.__________________________________________(PA)
Walker State Bank, Walker, IA needs #2 PERSON with
lending & operations experience & computer interest. In­
surance licenses a + . Good town & great staff. Contact
Bill Bernau, Box 128, Crawfordsville, IA (319) 658-2131. (PA)
VP. $20MM central Iowa bank. In charge of loans & loan
adm inistration. Prefer 10 years + experience in commer­
cial, ag, & RE lending. College degree required. Send
resume to R. Chittenden, Pres., Farmers Savings Bank,
Box 670, Mltchellville, IA 50169.
(PA)

WANT TO BÜY

BANKING

NEW OPPORTUNITIES
MANAGER to head $120 m illion loan dept. Must have p r o - ^
ven management skills and commercial lending fo r this
senior position............................................. Salary to $55,000

COMMERCIAL/AG LENDER. Business development
skills coupled w ith analysis and docum entation
make you a natural for $65mm bank. W ill provide
portfolio to fit your expertise! Pleasant 24,000 com­
m unity .................... $30,000........................Call Steve.
VICE PRESIDENT. 8 + years general lending, good
credit skills for $60 + mm holding company bank.
Supervise loan officers. Excellent bonus program! .
........................ To $40,000.............................Call Marj.
COMMERCIAL LOAN MANAGER. Manage the de­
partment and s ta ff of th is $80mm bank. 5 + yrs.
commercial experience. Outstanding com m unity!
401K, retirement plan, benefits! .................................
........................ Mid $40’s............................ Call Bruce.
REAL ESTATE LOAN OFFICER. $150mm bank lo­
cated in college town o f 30,000 + provides opportu­
nity for VA, FHA and Conventional Loan expertise.
Secondary market exposure w ill make you a perfect
fit. Profit sharing and benefits make life even better!
.......................... $25,000............................. Call Steve.
: COMMERCIAL LENDER. Join this bank w ith its his: tory of high performance and strong capital! Di­
verse portfolio from wholesalers/retailers to manu: facturers. Solid business clim ate, excellent school
: s y s te m ................ To $40,000.................... Call Bruce.
FINANCIAL PLANNER. C.F.P., Iowa Insurance lij cense, a bility to work w ith people for$160m m bank.
Dollar potential unlim ited! ........................Call Marj.
¡COMMERCIAL LOAN OFFICER. Loan review and
analysis for a $100mm bank. Perfect fo r someone
'w ith exam ining experience. C ollege tow n 60
i minutes from m e tr o !........ $28,000............Call Steve.
|JR. C .L .0 .1 + yrs. commercial, a bility for business
development, docum entation skills for $40 + mm
: bank. Excellent growth potential! .............................
j ........................ To $28,000............................Call Marj.

COMMERCIAL LOAN POSITIONS in major Iowa cities.
Prefer college grads w ith tw o to five years experience. . . .
..................................................................... Salary to $35,000
LOAN REVIEW POSITION for prestige banking organiza - ^
tion located in area of 350,000................... Salary to $ 3 0 ,00 0 9
INSTALLMENT LENDER w ith 3 or more years experience
fo r $60 m illion Iowa bank.......................................To $25,000

Financial Careers
(Division of Freeland Financial Service, Inc.)
1010 Equitable Bldg. Des Moines, IA 50309
515/282-6462
Employer pays fee.

&
W

Please contact Lorraine Lear concerning these and other
Midwest banking opportunities.

POSITIONS AVAILABLE

^

PRESIDENT
Do you want a bigger challenge? A $40mm So MN bank
needs a take charge mgr im m ediately! This holding co
bank desires an existing president w ith 8 + yrs banking
exp, a degree, and an MBO mgmt style! This is a great
opty I
To $55 K.
Job #NW117 8 . £

EXECUTIVE VICE PRESIDENT
Are you tired of constant change and deteriorating
morals? A $50mm So MN bank needs a #2 person to mge
the lending and operational functions! This is a super opty
that leads to the presidency. Desire a lending generalist
w ith emphasis in coml lending, a degree, and proven mgt.
Ready to interview now!
To$50K.
Job #N W 1 1 7 9 .^

PRESIDENT
Good, used brand COIN COUNTER ft PACKAGER. Call Lee
at (319) 935-3364.
(WTB)

(personnel Search
1126 So. 72nd St. Om aha, Ne. 68124

Broken promises and constant change got you de­
pressed? A No MN bank of $15mm needs a dynamic mar­
ket driven banker. This position req’s 7 + yrs banking exp
w ith emphasis in coml lending, a degree, and proven mgt.
A great opty to run your 1st bank!
^
To$40K.
Job#NW1180.“
FOR MORE INFORMATION
CONTACT PAUL GENTZKOW
OR JEAN TODD

1

3636 IDS Center
Minneapolis, MN 55402

(612) 339-9001

ALL FEES COMPANY PAID

POSITIONS AVAILABLE
AG LOAN OFCR
Not in line for #1 job? Here’s your chance to get back on
track! $20MM ag bank seeks 5 + years bank ag for #2 spot.

POSITIONS AVAILABLE
Fantastic location offers best of both worlds. Must enjoy
small bank but looking to enjoy city atmosphere. SBA,
FHA, and operations exp in healthy bank.
$25K.

CASHIER - $25MM Ag Bank. Requires background with inhouse minicomputers and some knowledge of Agri Loans.
$30K

FARM MGR
Progressive Illinois bank in excellent location seeks farm
mgr w/3 yrs exp in bank handling 3,000 acres + . Growth
into Sr. bank position w/loan respons.
$30K.

PRESIDENT - Agri Bank with problem loans. Should have
administrative experience and solid Agri Loan skills. $40K

SR LOAN OFF.
Take charge of 8M + portfolio as #2 in 30K + city. 7-10 yrs
of exp in true com m ’l lending for 40M + bank. Highly visi­
ble spot!
$36K.
FOR FURTHER INFORMATION CONTACT KURT ROSENCRANTS

OPERATIONS ■ manage department of 35 for large urban
bank. Experience with deposit accounting and account
services required.
$38K
AGRI LOAN - com m unity bank with large Ag portfolio.
Seven yrs. or more Ag Lending experience needed.
$35K
COMMERCIAL LOAN - large suburban bank with $100MM
loan portfolio. Degree and minimum 3 yrs. comml lending
experience with six figure credits.
$32K
Additional positions available in Midwestern states.

317 6th Ave, Ste. 650
Des Moines, IA 50309

(515) 244-4414

ALL FEES COMPANY PAID

TOM HAGAN & ASSOCIATES
2024 Swift - Box 12346
North Kansas City, MO 64116
816/474-6874
“ Serving the Banking Industry Since 1970"

Vol. 15 No. 44 Northwestern Banker Newsletter (USPS 873-300) is published weekly by the Northwestern Banker Company, 1535 Linden
Street, Suite 201, Des Moines, Iowa 50309, (515) 244-8163. Subscriptions $1.00 per copy, $24.00 per year. Second class postage paid at %
Des Moines, Iowa. Address all mail subscriptions, changes of address (Form 3579), manuscripts to Northwestern Banker, 1535 Linden

St.,
#201, Des Moines, Iowa 50309.
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