Judge Grant

Bunner v. Abbott (In re Abbott)

Plaintiff dentist sought to hold debtor liable for actions of debtor's now ex- wife, contending that debtor also committed or aided and abetted the commission of theft, criminal conversion, or fraud, and so was liable for enhanced damages and fees under Ind. Code § 34-24-3-1. The court was also asked to declare that the debt was non-dischargeable, pursuant to 11 U.S.C.S. § 523(a)(4) and /or (a)(6). Debtor moved for summary judgment.
Ruling: 
Action by creditor dentist to obtain nondischargeable judgment against debtor for theft, conversion and fraud committed by debtor's spouse dismissed.
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Consumer case opionion summary, case decided on January 13,2010, LexisNexis #0410-053

In re Cyrus II Pship

Special litigation counsel applied for compensation for services performed on behalf of a bankruptcy trustee, and the largest creditor of the bankruptcy debtor objected to fees allocable to a motion to annul the creditor's judgment against the debtors and to fees allocable to an unsuccessful motion to compromise.
Ruling: 
Fee application by trustee's counsel allowed except for portion of fees relating to unnecessary services.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #1009-036

In re Leslie

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. The debtors' attorney failed to appear at a hearing on objections the chapter 13 trustee filed to the debtors' plan, and the court denied confirmation and issued an order requiring the debtors' attorney to show cause why he should not be sanctioned and/or required to pay reasonable attorney fees and expenses the trustee incurred.
Ruling: 
Debtor's attorney ordered to pay trustee's reasonable fees and expenses for negligent failure to appear at hearing on objections to confirmation.
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Consumer case opionion summary, case decided on August 26,2009, LexisNexis #1009-095

In re Martin

The court dismissed a debtor's case due to the debtor's failure to demonstrate eligibility for relief under title 11. The debtor filed a motion to reconsider the court's order. The court construed the motion as having been filed pursuant to Fed. R. Civ. P. 60(b).
Ruling: 
Dismissal upheld where debtor failed to provide exigent circumstances for waiver of credit counseling requirement until filing motion for reconsideration.
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Consumer case opionion summary, case decided on April 22,2009, LexisNexis #0709-073

In re Johnson

A debtor filed a motion to close his chapter 11 bankruptcy case, subject to being reopened after the plan payments had been completed so that a discharge could be entered. The United States Trustee (UST) that the case should have remained open until the plan payments were completed.
Ruling: 
Case where plan was substantially consummated could be closed to avoid quarterly fees.
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Consumer case opionion summary, case decided on March 04,2009, LexisNexis #0509-075

In re Wright

The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
Ruling: 
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-021

Boyer v. Simon (In re Fort Wayne Telsat Inc.)

Creditors sought summary judgment in an objection to their proofs of claim and/or request to determine the creditors' secured status filed by the holders of FCC licenses.
Ruling: 
Objection to proofs of claim overruled absent evidence of invalidity or value.
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Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0409-066

In re Hunt

A creditor filed a motion for relief from stay and abandonment in the debtor's bankruptcy case. The court held a pretrial conference on the motion and the debtor's objection. The creditor's attorney failed to appear for the conference. The court issued a show cause order requiring the attorney to explain why payment of the debtor's reasonable attorney fees or other sanction should not have been imposed pursuant to Fed. R. Bankr. P. 7016(f).
Ruling: 
Creditor's counsel who failed to appear at pretrial conference on motion for relief from stay ordered to pay debtor's attorneys' fees and expenses.
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Consumer case opionion summary, case decided on January 22,2009, LexisNexis #0409-022

In re Hoenig

An attorney representing the brother of the debtor in his capacity as a creditor filed a motion to amend the list required by Fed. R. Bankr. P. 1007(d) to contain the name, address and claim of the 20 largest unsecured creditors claims, excluding insiders, to list the brother. Because the brother was de facto an insider, the motion was erroneous. Counsel withdrew the motion, but the court nonetheless considered whether to impose sanctions.
Ruling: 
Creditor's counsel sanctioned with six hours of bankruptcy CLE for filing motion without making sufficient inquiry.
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0309-028

Oak Street Funding LLC v. Brown (In re Brown)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Ruling: 
Debtor company president's knowledge of company affairs was insufficient to establish fiduciary position that would support finding of nondischargeability.
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Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-118

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