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District of indiana

Wheeler, In re--Wheeler v. Wheeler

Ruling
Court recommended that the district court not withdraw the reference as there were no noncore counterclaims. (Bankr. N.D. Ind.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy

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Consumer opinion summary, case decided on April 16, 2024 , LexisNexis #0724-047

O'Flynn, In re--O'Flynn v. PHH Mortg. Corp.

Ruling
State law claim for unjust enrichment dismissed as intricately related to and whollydependent on violations of the Bankruptcy Code. (Bankr. S.D. Ind.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-044

Turner, In re--Indiana v. Turner

Ruling
State's motion for summary judgment granted as there was no genuine issue of material fact with respect to its claim that the debt owed by the debtor to the state was nondischargeable. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on May 24, 2023 , LexisNexis #0723-058

Knipscheer, In re--Pier 48 Indy LLC v. Knipscheer

Ruling
Debt was nondischargeable where creditor demonstrated that there was no genuine issue of material fact regarding its claim for fiduciary defalcation. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Commercial opinion summary, case decided on March 28, 2023 , LexisNexis #0523-088

Flores, In re

Ruling
Creditor's motion for relief from an automatic stay was denied as the debtor's plan had been confirmed and barred a secured creditor from seeking relief from the stay. (Bankr. N.D. Ind.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on March 08, 2023 , LexisNexis #0623-047

Morgan, In re--TLS Mgmt. & Mktg. Servs., LLC v. Morgan

Ruling
Creditor's complaint seeking to except default judgment for breach of contract from dischargewas dismissed as it failed to state an actionable claim. (Bankr. N.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 29, 2022 , LexisNexis #1122-039

BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A.

Ruling
Motion to dismiss avoidance proceeding denied as trustee pleaded the necessary elements forrecovery against the creditor under state law. (Bankr. S.D. Ind.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Commercial opinion summary, case decided on August 18, 2022 , LexisNexis #1022-059

Nowacki, In re

Ruling
Debtor failed to show that the amended plan was feasible as debtor failed to market theproperty at issue and testified that only one of the many Real Estate Groups was listed for salewith a realtor. (Bankr. N.D. Ind.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with

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Consumer opinion summary, case decided on March 25, 2022 , LexisNexis #0522-071

Shanklin, In re--Gargula v. Shanklin

Ruling
Debtors did not conceal cashier's check with intent to hinder, delay or defraud their creditorsand/or the trustee as they intended to use the check to pay anticipated, legitimate pre-petitiontax debt. (Bankr. S.D. Ind.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on March 23, 2022 , LexisNexis #0522-064

Mattson, In re--Lamb Mech. Servs. LLC v. Mattson

Ruling
Creditor was entitled to a judgment of nondischargeability regarding commissions shown tohave been earned by debtor through false pretenses. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on March 07, 2022 , LexisNexis #0522-013