Southern District

Tucker v. Gibson (In re G & S Livestock Co.)

Chapter 7 trustee filed an adversary proceeding against defendant father and son, the principals of the debtor, seeking a money judgment against the father and son pursuant to 11 U.S.C.S. § 723(a). The trustee also sought pursuant to 11 U.S.C.S. § 544(b) and Ind. Code § 32-18-2-15 the avoidance and recovery of certain real estate transfers to a third defendant, the father's girlfriend. Petitioning creditors filed proofs of claim.
Ruling: 
Transfers to girlfriend of debtor's principal for less than reasonably equivalent value were avoidable.
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Commercial case opionion summary, case decided on December 15,2011, LexisNexis #0212-026

National Bank v. White (In re White)

Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
Ruling: 
Judgment for fraudulent presentment of check was nondischargeable.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-120

National Bank v. White (In re White)

Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
Ruling: 
Judgment for fraudulent presentment of check was nondischargeable.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-083

In re Ellis

After a Chapter 7 debtor sought exemption of his membership interest in a limited liability company (LLC), a creditor objected, arguing that the debtor failed to list the value of that interest. The debtor amended his schedules to reflect the value of his interest in the LLC as zero.
Ruling: 
Non-economic interests in LLC were property of the estate notwithstanding state law.
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Consumer case opionion summary, case decided on October 27,2011, LexisNexis #1111-123

In re Krause

The Chapter 7 debtor filed a motion under 11 U.S.C.S. § 522(f) to avoid a lien by a homeowners' association (HOA). The HOA objected.
Ruling: 
Consensual homeowners' association lien was not avoidable, even to extent ultimate judgment exceeded amount stated in original notice of lien.
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Consumer case opionion summary, case decided on October 20,2011, LexisNexis #1111-117

Murphy Oil USA Inc. v. Baker (In re Baker)

Plaintiff oil company filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor owed the company a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), or (a)(6). The court consolidated the company's action with an adversary proceeding the company filed against the debtor's wife in her bankruptcy case and tried the cases together.
Ruling: 
Portion of debt representing converted property was nondischargeable against debtor but not against debtor spouse who lacked knowledge of debtor's actions.
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Consumer case opionion summary, case decided on September 29,2011, LexisNexis #1111-012

Tucker v. Closure Sys. Intl

Plaintiff former employee sued defendant employer in state court under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.S. § 12111 et seq. Defendant removed the suit and moved to dismiss.
Ruling: 
Debtor who originally failed to schedule, but later amended to include, Americans with Disabilities Act cause of action could pursue claim for benefit of the estate.
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Consumer case opionion summary, case decided on September 27,2011, LexisNexis #1011-094

MutualBank v. Doughty (In re Doughty)

Creditor filed an adversary action against defendant debtor to determine dischargeability of a debt under 11 U.S.C.S. § 523(a)(4) and (6).
Ruling: 
Sale of collateral without notice and subsequent concealment and misrepresentations resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-114

In re Felix Invs. Inc.

A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) so that it could exercise its non-bankruptcy rights with respect to certain properties that were leased from the creditor by a Chapter 11 debtor. The Chapter 11 debtor objected to the motion.
Ruling: 
Creditor lessor entitled to relief from stay to repossess leased properties where debtor's rights to the premises terminated prepetition.
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Commercial case opionion summary, case decided on August 29,2011, LexisNexis #1011-005

In re Grinkmeyer

United States Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1), (2), and (3).
Ruling: 
Chapter 7 case ordered converted or dismissed due to totality of circumstances, including excessive housing expense.
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Consumer case opionion summary, case decided on July 29,2011, LexisNexis #0911-020

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