Hawkeye Bank & Trust N.A. v. Milburn

ANDREASEN, Justice.

In First National Bank v. Matt Bauer Farms Corp., 408 N.W.2d 51, 55 (Iowa 1987), we held that an automatic stay resulting from the filing of a voluntary petition in bankruptcy is a “stay" within the meaning of Iowa Code section 628.4 (1987)1 and acts to bar a debtor’s statutory right to redeem from a real estate foreclosure sale. In this appeal we are presented with challenges to the constitutionality of section 628.4. We hold it is constitutional. We also hold the statutory homestead right of redemption may be extinguished under its provisions.

I. In 1976, Hawkeye Bank &…