- 11 U.S.C.
Bunner v. Abbott (In re Abbott)
Jan
13
2010
Ruling
Action by creditor dentist to obtain nondischargeable judgment against debtor for theft, conversion and fraud committed by debtor's spouse dismissed.
Procedural posture
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.
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Court
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In re Kelly
Jan
07
2010
Ruling
Debtor ordered to turn over 86% of tax refund.
Procedural posture
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.
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Court
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In re TBR USA Inc.
Jan
07
2010
Ruling
Interim trustee would serve as trustee in case where trustee was not properly elected at creditors' meeting.
Procedural posture
This matter was before the court for a final decision concerning the disputed election of a chapter 7 Trustee.
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Court
:
- 11 U.S.C.
Logal v. Great Lakes Higher Educ. Guar. Corp.
Jan
07
2010
Ruling
Finances of non-debtor spouse were relevant to determination of dischargeability of student loan debt.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Sisters of St. Francis Health Servs. Inc. v. Woodhollow Loft Inc. (In re Woodhollow Loft Inc.)
Nov
16
2009
Ruling
Healthcare center's motion for relief from stay did not constitute a timely informal proof of claim.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Norwood
Oct
05
2009
Ruling
State tax refund but not prepetition earned income tax credit was subject to turnover.
Procedural posture
Chapter 7 trustee filed a motion for turnover directed to the balance in the debtor's bank account representing an earned income credit received by the debtor and an Indiana income tax refund. The debtor filed a timely objection to the motion for turnover.
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Court
:
- 11 U.S.C.
In re Leslie
Aug
26
2009
Ruling
Debtor's attorney ordered to pay trustee's reasonable fees and expenses for negligent failure to appear at hearing on objections to confirmation.
Procedural posture
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.
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Court
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In re Rogan
Jul
23
2009
Ruling
Modification of stay to proceed against property allegedly fraudulently transferred to debtor denied.
Procedural posture
The United States and a creditor obtained judgments against the spouse of a bankruptcy debtor and asserted that property scheduled as property of the debtor's estate was fraudulently transferred to the debtor by the spouse or was held by the debtor merely as a nominee or alter ego. The government and the creditor moved to modify the automatic bankruptcy stay to permit collection actions against the spouse involving the property to proceed.
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Court
:
In re Rogan
Jul
15
2009
Ruling
Extension of stay agreed to by the debtor and creditors was valid and remained in effect and prevented dismissal.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The United States, on behalf of the Internal Revenue Service (IRS) filed a motion to dismiss. In earlier proceedings the court had granted relief from the automatic stay to a creditor and the government, pursuant to 11 U.S.C.S. § 362(d).
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Court
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In re Jenkins
Jul
01
2009
Ruling
Debtor could employ special counsel to pursue prepetition action concerning property of the estate.
Procedural posture
A chapter 13 debtor filed a petition to employ special counsel to pursue a pre-petition action constituting property of the chapter 13 bankruptcy estate.
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Court
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