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
Jan
19
2021
USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co.
Ruling:
Debtor's general liability insurers were not obligated to pay the bankruptcy costs as part oftheir duty to defend as the bankruptcy case was not a “suit.” (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on January 19,2021, LexisNexis #0221-091
Sep
30
2020
Clary-Ghosh, In re--Clary-Ghosh v. Ghosh
Ruling:
Court granted creditor's motion to dismiss the adversary proceeding as the complaint did notstate a plausible claim for relief. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-063
Jul
28
2020
Welch, In re--Welch v. Welch
Ruling:
Debtor's judgment debt was not excepted from discharge as the debt was merely a liquidatedbreach of contract remedy and outside the scope of the parties' divorce action. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-012
Apr
29
2020
Richards, In re
Ruling:
Debtors' objection to IRS claim was sustained to the extent a tax refund was applied to theIRS's claim in derogation of the confirmed chapter 12 plan. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-056
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