Sep
28
2023
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.)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-044
May
24
2023
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.)
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Consumer case opionion summary, case decided on May 24,2023, LexisNexis #0723-058
Mar
08
2023
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.)
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Consumer case opionion summary, case decided on March 08,2023, LexisNexis #0623-047
Mar
28
2023
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.)
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Commercial case opionion summary, case decided on March 28,2023, LexisNexis #0523-088
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 ]