Watchmen Sec. LLC, In re
Nov
20
2024
Ruling
Debtor may not sell or otherwise transfer, prior to petition date, accounts receivable that do not come into existence until after the petition date as they are property of the bankruptcy estate. (Bankr. S.D. Ind.)
Issue(s)
Postpetition Effect of Security Interest; Property Acquired Postpetition Not Subject to Prepetition Lien.
ABI Membership is required to access the full summary of Watchmen Sec. LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
O'Flynn, In re--O'Flynn v. PHH Mortg. Corp.
Sep
28
2023
Ruling
State law claim for unjust enrichment dismissed as intricately related to and whollydependent on violations of the Bankruptcy Code. (Bankr. S.D. Ind.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy
ABI Membership is required to access the full summary of O'Flynn, In re--O'Flynn v. PHH Mortg. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Turner, In re--Indiana v. Turner
May
24
2023
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Turner, In re--Indiana v. Turner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Knipscheer, In re--Pier 48 Indy LLC v. Knipscheer
Mar
28
2023
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
ABI Membership is required to access the full summary of Knipscheer, In re--Pier 48 Indy LLC v. Knipscheer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A.
Aug
18
2022
Ruling
Motion to dismiss avoidance proceeding denied as trustee pleaded the necessary elements forrecovery against the creditor under state law. (Bankr. S.D. Ind.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
ABI Membership is required to access the full summary of BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shanklin, In re--Gargula v. Shanklin
Mar
23
2022
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.)
Issue(s)
Discharge; Grounds for Denial.
ABI Membership is required to access the full summary of Shanklin, In re--Gargula v. Shanklin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mattson, In re--Lamb Mech. Servs. LLC v. Mattson
Mar
07
2022
Ruling
Creditor was entitled to a judgment of nondischargeability regarding commissions shown tohave been earned by debtor through false pretenses. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Mattson, In re--Lamb Mech. Servs. LLC v. Mattson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Welch, In re
Mar
24
2021
Ruling
Chapter 7 debtor's ex-wife violated discharge injunction and was subject to civil contempt asthere was no objectively reasonable basis for her to believe that she was entitled to collect herjudgment. (Bankr. S.D. Ind.)
Issue(s)
Effect of Discharge.
ABI Membership is required to access the full summary of Welch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Welch, In re
Mar
24
2021
Ruling
Chapter 7 debtor's ex-wife violated discharge injunction and was subject to civil contempt asthere was no objectively reasonable basis for her to believe that she was entitled to collect herjudgment. (Bankr. S.D. Ind.)
Issue(s)
Effect of Discharge.
ABI Membership is required to access the full summary of Welch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Itt Educ. Servs., In re
Mar
11
2021
Ruling
Late payments were not protected from avoidance by the ordinary course of business defensewhere the longer terms were well outside industry standards. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Itt Educ. Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: