Todd, In re
Apr
24
2017
Ruling
Order of contempt against the Indiana Department of Workforce Development (IDWD) granted as the creditor's garnishment of overpayed unemployment benefits was a violation of the discharge injunction. (Bankr. S.D. Ind.)
Issue(s)
Definitions; “Claim”.
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Court
:
Dior, In re
Apr
14
2017
Ruling
Debtor's motion for a hardship discharge granted where debtor's failure to complete thepayments is due to circumstances for which she should not justly be held accountable. (Bankr.S.D. Ind.)
Issue(s)
Discharge; Hardship Discharge.
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Court
:
- 11 U.S.C.
Galyan, In re--Cmty. First Bank of Ind. v. Galyan
Apr
13
2017
Ruling
Debt was nondischargeable where debtor submitted false financial statements to the bank.(Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
( Judge Carr ) [ Bankruptcy Court ]
- 11 U.S.C.
Hovious, In re
Feb
15
2017
Ruling
Debtor was discharged from the post-petition homeowners' assessments regarding the lotbecause debtor ceased to enjoy any significant incidents of ownership. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Condominium or Cooperative Membership Association Fees and Assessments.
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Court
:
- 11 U.S.C.
Burge, In re--Ind. Dep't of Workforce Dev. v. Burge
Feb
02
2017
Ruling
Indiana Department of Workforce Development did not sustain its burden to prove thatdebtor should have known of another person's fraud as there was no testimonial ordocumentary evidence of the fund transfers which could have allowed debtor to discover t(Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
In re Smith
Oct
06
2016
Ruling
Confirmation denied due to failure to apply debtor’s disposable income for the applicablecommitment period. (Bankr. S.D. Ind.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or Allowed Unsecured Claimholder; Application of Disposable Income.
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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
:
- 11 U.S.C.
In re Thornton
May
23
2016
Ruling
Confirmation of plan including cramdown of secured claim denied due to undervaluation of mobile home and insufficient payments to secured creditor.
Issue(s)
Could claim secured by debtor's manufactured home be crammed down in debtor's plan?
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Court
:
- 11 U.S.C.
Direct Capital Corp. v. Steele (In re Steele)
Apr
11
2016
Ruling
Debtors' personal guarantee of financing of their company was dischargeable in absence of false representations or omissions.
Issue(s)
Was liability under debtors' personal guarantee of a loan to their business nondischargeable due to alleged false representations about their roles with the company?
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Court
:
- 11 U.S.C.
Indiana Dept of Workforce Dev. v. Coulter (In re Coulter)
Apr
08
2016
Ruling
Agency's claim for statutory penalties arising from unemployment repayment obligations was nondischargeable.
Issue(s)
Was claim for statutory penalties arising from benefits overpayments nondischargeable due to fraud?
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Court
: