Flores, In re
Mar
08
2023
Ruling
Creditor's motion for relief from an automatic stay was denied as the debtor's plan had been confirmed and barred a secured creditor from seeking relief from the stay. (Bankr. N.D. Ind.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
ABI Membership is required to access the full summary of Flores, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Morgan, In re--TLS Mgmt. & Mktg. Servs., LLC v. Morgan
Aug
29
2022
Ruling
Creditor's complaint seeking to except default judgment for breach of contract from dischargewas dismissed as it failed to state an actionable claim. (Bankr. N.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Morgan, In re--TLS Mgmt. & Mktg. Servs., LLC v. Morgan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A.
Aug
18
2022
Ruling
Motion to dismiss avoidance proceeding denied as trustee pleaded the necessary elements forrecovery against the creditor under state law. (Bankr. S.D. Ind.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
ABI Membership is required to access the full summary of BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nowacki, In re
Mar
25
2022
Ruling
Debtor failed to show that the amended plan was feasible as debtor failed to market theproperty at issue and testified that only one of the many Real Estate Groups was listed for salewith a realtor. (Bankr. N.D. Ind.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with
ABI Membership is required to access the full summary of Nowacki, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shanklin, In re--Gargula v. Shanklin
Mar
23
2022
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.)
Issue(s)
Discharge; Grounds for Denial.
ABI Membership is required to access the full summary of Shanklin, In re--Gargula v. Shanklin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mattson, In re--Lamb Mech. Servs. LLC v. Mattson
Mar
07
2022
Ruling
Creditor was entitled to a judgment of nondischargeability regarding commissions shown tohave been earned by debtor through false pretenses. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Mattson, In re--Lamb Mech. Servs. LLC v. Mattson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Chandler, In re
Jan
14
2022
Ruling
It was improper for the bankruptcy court to assume that the attorney's services required legalexpertise rather than requiring the attorney to meet its burden to be awarded compensation.(5th Cir.)
Issue(s)
Compensation of Officers; Determination of Amount.
ABI Membership is required to access the full summary of Chandler, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Pitner, In re--Seifert v. United States Dep't of Educ.
Nov
02
2021
Ruling
Trustee was not entitled to recover part of debtor's income tax overpayment as the governmenthad a right to setoff and the validity of that right could not be questioned under nonbankruptcy law. (Bankr. N.D. Ind.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
ABI Membership is required to access the full summary of Pitner, In re--Seifert v. United States Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Welch, In re
Mar
24
2021
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.)
Issue(s)
Effect of Discharge.
ABI Membership is required to access the full summary of Welch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Welch, In re
Mar
24
2021
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.)
Issue(s)
Effect of Discharge.
ABI Membership is required to access the full summary of Welch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: