Spark vs. City of DubuqueTHE CITY OF
DUB ei E MEMORANDUM
Masterpiece on the Mississippi
BARRY LIND H
CITY ATTORN Y
To: Mayo Roy D. Buol and
Members of the City Council
DATE: April 22 2014
RE: Tiffany Spark vs. City of Dubuque
Tiffany Spark, f/k/a Tiffany Lawrence, went through bankruptcy and a water bill owing
the City of Dubuque was discharged. The debt under the name of Spark was written off
by the City, however, a debt under the name of Lawrence, which was also discharged
was inadvertently not written off. The City then commenced collection action against
Tiffany Lawrence, including putting a lien on her state tax refund.
The discharge in bankruptcy operated as an injunction against any collection efforts for
a discharged debt and a violation of that injunction is contempt of court, regardless of
how inadvertent or understandable the collection effort might be. The Court has
authority to award damages and attorneys fees, as well as a fine for contempt violation.
Attached is a letter from Attorney Les Reddick who represented the City in this matter.
Les has negotiated an agreement with counsel for Spark to settle this matter for
$2,500.00. Upon City Council approval, Les will obtain a release and dismissal in
exchange for the payment.
I recommend approval of this settlement.
BAL:tls
Attachments
cc: Michael C. Van Milligen, City Manager
Ken TeKippe, Finance Director
Les Reddick, Esq.
F:\USERS\tsteckle\Lindahl\Spark vs City\MayorCouncil_ApprovalOfSettlement_042214.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Brian J. Kane
Les V. Reddick*
Brad J. Fleying
Todd L. Stevenson*
Kevin T. Deeny**
Bradley B. Kane
Joseph P. Kane
Nicholas 3. Kane
All admitted in Iowa
*AIso admitted in Illinois
**Also admitted in Wisconsin
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001-6944
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IOWA 52001-3091
April 22, 2014
RE: TIFFANY SPARK V. CITY OF DUBUQUE
Dear Barry:
Retired:
Gary K. Norby
Phone: (563) 582-7980
Facsimile: (563) 582-5312
Ireddick@kanenorbylaw.com
This Petition for contempt is pending in the U.S. Bankruptcy Court for the Northern District
of Iowa. Tiffany Spark, f/k/a Tiffany Lawrence, went through bankruptcy and a water bill owing the
City of Dubuque was discharged The debt under the name of Spark was written off by the City, but
a debt under the name of Lawrence, which was also discharged, was inadvertently not written off
The City then commenced collection action against Tiffany Lawrence, including putting a lien on
her state tax refund.
The discharge in bankruptcy operated as an injunction against any collection efforts for a
discharged debt and a violation of that injunction is contempt of court, no matter how inadvertent
or understandable the collection effort might be. The Court has authority to award damages and
attorneys fees, as well as a fine for a contempt violation. Taking all of this into consideration, we
have reached an agreement with counsel for Spark to settle this matter for $2,500 and ask for City
Council approval. We will obtain a release and dismissal in exchange for the payment.
Very truly yours,
KANE, NORBY & REDDICK, P.C.
By
Les V. Reddick
LVR/bmo