USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co.
Jan
19
2021
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.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.
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Court
:
Richards, In re
Apr
29
2020
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.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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Court
:
USA Gymnastics, In re
Apr
20
2020
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.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
Duits, In re
Jan
15
2020
Ruling
Creditor did not violate the discharge injunction by seeking to collect nondischargeablestudent loan debt. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Government
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Court
:
- 11 U.S.C.
Hoskins, In re
Sep
12
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
Holt, In re
Aug
13
2018
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.)
Issue(s)
Conversion; By the Debtor.
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Court
:
Valentine Hill Farm LLC, In re
Jan
25
2018
Ruling
Chapter 12 case was dismissed for debtor's failure to file the necessary schedules andstatements by the time allotted. (Bankr. S.D. Ind.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Valentine Hill Farm LLC, In re
Jan
25
2018
Ruling
Chapter 12 case was dismissed for debtor's failure to file the necessary schedules andstatements by the time allotted. (Bankr. S.D. Ind.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
- 11 U.S.C.
Dodd, In re--Dodd v. Savino
Jul
14
2017
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
In re Hurst
Jul
08
2016
Ruling
Agreement with debtor’s former spouse for division of property did not create a nondischargeable domestic support obligation.
Issue(s)
Should confirmation be denied due to failure to treat debt to former spouse as a nondischargeable domestic support obligation?
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Court
: