Southern District

O'Flynn, In re--O'Flynn v. PHH Mortg. Corp.

Ruling: 
State law claim for unjust enrichment dismissed as intricately related to and whollydependent on violations of the Bankruptcy Code. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-044

Turner, In re--Indiana v. Turner

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.)
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Consumer case opionion summary, case decided on May 24,2023, LexisNexis #0723-058

Knipscheer, In re--Pier 48 Indy LLC v. Knipscheer

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.)
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Commercial case opionion summary, case decided on March 28,2023, LexisNexis #0523-088

BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A.

Ruling: 
Motion to dismiss avoidance proceeding denied as trustee pleaded the necessary elements forrecovery against the creditor under state law. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on August 18,2022, LexisNexis #1022-059

Shanklin, In re--Gargula v. Shanklin

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.)
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Consumer case opionion summary, case decided on March 23,2022, LexisNexis #0522-064

Mattson, In re--Lamb Mech. Servs. LLC v. Mattson

Ruling: 
Creditor was entitled to a judgment of nondischargeability regarding commissions shown tohave been earned by debtor through false pretenses. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 07,2022, LexisNexis #0522-013

Welch, In re

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.)
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Consumer case opionion summary, case decided on March 24,2021, LexisNexis #0521-038

Welch, In re

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.)
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Consumer case opionion summary, case decided on March 24,2021, LexisNexis #0521-038

Itt Educ. Servs., In re

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.)
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Commercial case opionion summary, case decided on March 11,2021, LexisNexis #0421-090

USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co.

Ruling: 
Debtor's general liability insurers were not obligated to pay the bankruptcy costs as part oftheir duty to defend as the bankruptcy case was not a “suit.” (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on January 19,2021, LexisNexis #0221-091

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