Jan
19
2021
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
Apr
29
2020
Richards, In re
Ruling:
Debtors' objection to IRS claim was sustained to the extent a tax refund was applied to theIRS's claim in derogation of the confirmed chapter 12 plan. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-056
Apr
20
2020
USA Gymnastics, In re
Ruling:
Late-filed proof of claim on behalf of a class denied where it was unsettled if there was aprivate right of action under the Safe Sport Act. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on April 20,2020, LexisNexis #0620-031
Jan
15
2020
Duits, In re
Ruling:
Creditor did not violate the discharge injunction by seeking to collect nondischargeablestudent loan debt. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0220-086
Sep
12
2018
Hoskins, In re
Ruling:
Chapter 13 debtor's plan was not proposed in good faith as court believed that a good faith plan would include a proposal to pay the creditor 12% interest on its secured claim and would condition confirmation of an amended plan on that rate. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-115
Aug
13
2018
Holt, In re
Ruling:
Debtors' motion to convert was denied where conversion was filed in bad faith as misstatements were significant, intentional, and included erroneous statements. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-110
Jan
25
2018
Valentine Hill Farm LLC, In re
Ruling:
Chapter 12 case was dismissed for debtor's failure to file the necessary schedules andstatements by the time allotted. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on January 25,2018, LexisNexis #0318-022
Jan
25
2018
Valentine Hill Farm LLC, In re
Ruling:
Chapter 12 case was dismissed for debtor's failure to file the necessary schedules andstatements by the time allotted. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on January 25,2018, LexisNexis #0318-022
Jul
14
2017
Dodd, In re--Dodd v. Savino
Ruling:
Debtor was not precluded from litigating the dischargeability of the judgment debt owedcreditor as findings said nothing about whether debtor's intentional failure to make paymentswere accompanied by his intent to deceive or defraud the creditor. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on July 14,2017, LexisNexis #0817-075
Jul
08
2016
In re Hurst
Ruling:
Agreement with debtor’s former spouse for division of property did not create a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 08,2016, LexisNexis #0816-010
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