Aug
29
2022
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.)
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Consumer case opionion summary, case decided on August 29,2022, LexisNexis #1122-039
Aug
18
2022
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.)
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Commercial case opionion summary, case decided on August 18,2022, LexisNexis #1022-059
Mar
25
2022
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.)
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Consumer case opionion summary, case decided on March 25,2022, LexisNexis #0522-071
Mar
23
2022
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.)
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Consumer case opionion summary, case decided on March 23,2022, LexisNexis #0522-064
Mar
07
2022
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.)
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Consumer case opionion summary, case decided on March 07,2022, LexisNexis #0522-013
Jan
14
2022
Chandler, In re
Ruling:
It was improper for the bankruptcy court to assume that the attorney's services required legalexpertise rather than requiring the attorney to meet its burden to be awarded compensation.(5th Cir.)
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Consumer case opionion summary, case decided on January 14,2022, LexisNexis #0322-004
Court: ( Disposal in Chapter 7 ) [ Bankruptcy Court ]
Nov
02
2021
Pitner, In re--Seifert v. United States Dep't of Educ.
Ruling:
Trustee was not entitled to recover part of debtor's income tax overpayment as the governmenthad a right to setoff and the validity of that right could not be questioned under nonbankruptcy law. (Bankr. N.D. Ind.)
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Consumer case opionion summary, case decided on November 02,2021, LexisNexis #0122-016
Mar
24
2021
Welch, In re
Ruling:
Chapter 7 debtor's ex-wife violated discharge injunction and was subject to civil contempt asthere was no objectively reasonable basis for her to believe that she was entitled to collect herjudgment. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 24,2021, LexisNexis #0521-038
Mar
24
2021
Welch, In re
Ruling:
Chapter 7 debtor's ex-wife violated discharge injunction and was subject to civil contempt asthere was no objectively reasonable basis for her to believe that she was entitled to collect herjudgment. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 24,2021, LexisNexis #0521-038
Mar
11
2021
Itt Educ. Servs., In re
Ruling:
Late payments were not protected from avoidance by the ordinary course of business defensewhere the longer terms were well outside industry standards. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on March 11,2021, LexisNexis #0421-090
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