Judge Klingenberger

In re Rogan

Creditors moved to transfer venue of a bankruptcy debtor's chapter 11 bankruptcy case to an adjacent district where a district court collection proceeding was pending with regard to misconduct of the debtor's spouse which was related to the bankruptcy debtor's rights in property.
Ruling: 
Transfer of venue to district where case related to debtor's rights in property was pending denied.
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Consumer case opionion summary, case decided on March 11,2010, LexisNexis #0510-029

In re Rogan

Before the court was a creditor's second motion to modify the 11 U.S.C.S. § 362(a) automatic stay.
Ruling: 
Second motion for relief from stay to pursue federal court litigation against debtor granted subject to conditions.
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Consumer case opionion summary, case decided on March 11,2010, LexisNexis #0510-006

Associated Pathologists of Munster Ind. PC v. Weichman (In re Weichman)

Plaintiff professional corporation filed an action in the Superior Court of Lake County (Indiana) against defendants, a debtor and two corporations the debtor owned. Almost four years later, the debtor declared chapter 11 bankruptcy and removed the state-court action to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a). Plaintiff filed a motion for an order remanding the case to the state court.
Ruling: 
Actions by professional corporation against debtor and corporations owned by debtor remanded to state court due to lack of jurisdiction over debtor's corporations.
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Consumer case opionion summary, case decided on March 11,2010, LexisNexis #0510-028

Tully v. Haughee (In re Haughee)

Chapter 7 debtor filed an amended motion to vacate a judgment of default entered against him in an adversary proceeding initiated by plaintiff. At issue was whether the debtor was properly served pursuant to Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
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Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-035

In re Turner

Movant, a chapter 13 debtor, asked the court to determine the payoff amount for a loan on which a secured creditor had based its claim. At issue was what the real nature of the motion was and whether it was properly decided using the procedural mechanism of a motion.
Ruling: 
Adversary proceeding required in order for court to determine payoff amount of loan that was basis for secured creditor's claim.
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Consumer case opionion summary, case decided on February 09,2010, LexisNexis #0410-035

Lazzaro v. Weichman (In re Weichman)

Plaintiff investors brought an adversary proceeding against defendant bankruptcy debtor alleging that debts to the investors were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation, and willful and malicious injury. The debtor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Nondischargeability complaint claiming inadequate information and misrepresentations in investment advice provided by debtor dismissed for lack of evidence.
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Consumer case opionion summary, case decided on January 21,2010, LexisNexis #0210-115

In re Kelly

A chapter 7 trustee filed a motion for turnover, requesting turnover of 86 percent of a debtor's 2008 state and federal tax refunds. The debtor objected, claiming that his non-debtor spouse had a 50 percent interest in the tax refunds such that the entirety of the refunds did not constitute property of his estate under 11 U.S.C.S. § 541(a). The debtor also contended that tax preparation fees should be deducted from the amount subject to turnover.
Ruling: 
Debtor ordered to turn over 86% of tax refund.
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Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-013

In re TBR USA Inc.

This matter was before the court for a final decision concerning the disputed election of a chapter 7 Trustee.
Ruling: 
Interim trustee would serve as trustee in case where trustee was not properly elected at creditors' meeting.
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Commercial case opionion summary, case decided on January 07,2010, LexisNexis #0210-018

Logal v. Great Lakes Higher Educ. Guar. Corp.

Plaintiff debtor objected to discovery requests from defendant creditor, a student loan lender, that sought information about the finances of the debtor's non-debtor husband.
Ruling: 
Finances of non-debtor spouse were relevant to determination of dischargeability of student loan debt.
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Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-033

Sisters of St. Francis Health Servs. Inc. v. Woodhollow Loft Inc. (In re Woodhollow Loft Inc.)

In this consolidated adversary proceeding/contested matter, the court was asked to determine whether plaintiff healthcare center or defendant debtor-in-possession, which operated a bar and grill, held controlling interests in a particular Indiana Alcoholic Beverage Permit. The court was also asked to determine whether the health center filed a timely claim in this chapter 11 case.
Ruling: 
Healthcare center's motion for relief from stay did not constitute a timely informal proof of claim.
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Commercial case opionion summary, case decided on November 16,2009, LexisNexis #1209-078

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