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Northern District

In re Wright Group Inc.

A Chapter 11 debtor-in-possession filed an emergency motion for use of a bank's cash collateral. A hearing was held with respect to extended use of cash collateral. The general issue was whether the receipts derived by debtor from operation of its miniature golf course facility constituted "cash collateral" as defined by 11 U.S.C.S. § 363(a), so that debtor's use of those receipts was subject to § 363(c)(2). Judgment was pending.
Ruling: 
Cash receipts derived by debtor from patrons of its miniature gold course did not constitute cash collateral and could be used by debtor without court order.
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Commercial case opionion summary, case decided on February 15,2011, LexisNexis #0311-042

Hunt v. Hunt (In re Hunt)

Debtor's son brought an adversary proceeding contending that debtor's decision to use trust funds for certain "investments" violated Indiana's Prudent Investor Act and constituted defalcation in a fiduciary capacity, resulting in an obligation that was nondischargeable under 11 U.S.C.S. § 523(a)(4). Judgment was pending.
Ruling: 
Debtor's negligence in choosing investments for trust did not amount to fiduciary defalcation so that any resulting debt was dischargeable.
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Consumer case opionion summary, case decided on October 26,2010, LexisNexis #1210-084

In re West Coast Interventional Pain Med. Inc.

Debtors with the same controlling principal filed bankruptcy petitions in Indiana, and a judgment creditor moved to transfer venue of the bankruptcy cases to California where most of the debtors were incorporated, formerly conducted business, and were suspended from conducting business.
Ruling: 
Transfer of venue warranted both for the convenience of the parties and in the interests of justice due to location of creditors, witnesses and controlling law.
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Commercial case opionion summary, case decided on August 12,2010, LexisNexis #0910-063

In re Means

A bankruptcy debtor brought an action to rescind a mortgage obligation, the action was removed to federal district court, and the debtor then filed a bankruptcy petition. The bankruptcy court considered its jurisdiction over the action in view of a district court order which appeared to conclude that the case was already before the bankruptcy court.
Ruling: 
Bankruptcy court lacked jurisdiction over debtor's prepetition federal action to rescind mortgage
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Consumer case opionion summary, case decided on August 04,2010, LexisNexis #0910-028

In re Kolodziej

Movant, a secured creditor and the successor mortgagee on the debtor's real property, brought an objection to the confirmation of the chapter 13 debtors' proposed plan, and a motion for relief from the automatic stay, or alternatively for abandonment of the real property, assertion that the proposed plan did not comply with 11 U.S.C.S. § 1325(a)(5) and (a)(6), due to asserted undervaluation of the debtors' real property.
Ruling: 
Confirmation denied due to undervaluation of property.
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Consumer case opionion summary, case decided on July 02,2010, LexisNexis #0910-134

In re Khaja

After claimant, a party to a domestic relations matter with debtor that was pending in a state superior court following remand from a state appellate court, filed a claim against debtor in his bankruptcy proceeding, debtor objected thereto. The court then considered sua sponte whether discretionary abstention pursuant to 28 U.S.C.S. § 1334(c)(1) was appropriate.
Ruling: 
Bankruptcy court abstained from hearing domestic relations action in which state law issues predominated.
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Consumer case opionion summary, case decided on June 09,2010, LexisNexis #0810-102

In re Magallanes

Debtor's chapter 13 case was before the court on an objection filed by a creditor to the confirmation of debtor's chapter 13 Plan. The objection asserted that the Plan violated 11 U.S.C.S. § 1322 in that it proposed to modify the terms of its first mortgage lien secured only by debtor's principal residence.
Ruling: 
Objection to plan sustained due to proposal to modify the terms of first mortgage lien secured only by debtor's principal residence.
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Consumer case opionion summary, case decided on May 13,2010, LexisNexis #0710-059

Sroge v. Sloan (In re Sroge)

Chapter 13 debtor brought an adversary complaint against defendant creditor pursuant to 11 U.S.C.S. § 362(k) for an alleged violation of the automatic stay, in violation of 11 U.S.C.S. § 362(a).
Ruling: 
Creditor violated stay by obtaining warrant for debtor's arrest.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0710-005

Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)

Chapter 7 trustee and defendants in litigation concerning an FCC license for an educational broadband service station in which the debtor claimed an interest, submitted a joint motion to approve a settlement and compromise of the claims. A creditor filed a timely objection to the compromise, which gave rise to a contested matter pursuant to Fed. R. Bankr. P. 9014.
Ruling: 
Settlement of FCC license dispute approved.
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Commercial case opionion summary, case decided on April 25,2010, LexisNexis #0810-070

Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke)

In this adversary proceeding, plaintiff creditor filed a complaint asserting that the amount owed by defendant debtor to the creditor pursuant to a state court judgment should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The creditor argued that the doctrine of collateral estoppel applied.
Ruling: 
Collateral estoppel did not apply to nondischargeability proceeding where state court judgments did not satisfy fraud or larceny elements.
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Consumer case opionion summary, case decided on April 02,2010, LexisNexis #0610-118

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