- 11 U.S.C.
Itt Educ. Servs., In re
Mar
11
2021
Ruling
Late payments were not protected from avoidance by the ordinary course of business defensewhere the longer terms were well outside industry standards. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Itt Educ. Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Clary-Ghosh, In re--Clary-Ghosh v. Ghosh
Sep
30
2020
Ruling
Court granted creditor's motion to dismiss the adversary proceeding as the complaint did notstate a plausible claim for relief. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
ABI Membership is required to access the full summary of Clary-Ghosh, In re--Clary-Ghosh v. Ghosh 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--Welch v. Welch
Jul
28
2020
Ruling
Debtor's judgment debt was not excepted from discharge as the debt was merely a liquidatedbreach of contract remedy and outside the scope of the parties' divorce action. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
ABI Membership is required to access the full summary of Welch, In re--Welch v. Welch Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stephenson, In re--Agrifund, LLC v. Stephenson
Jun
19
2020
Ruling
Debt was dischargeable absent evidence of fraud or conversion. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
ABI Membership is required to access the full summary of Stephenson, In re--Agrifund, LLC v. Stephenson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Carr ) [ Bankruptcy 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.
ABI Membership is required to access the full summary of Richards, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of USA Gymnastics, 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.
Denson, In re--Michael v. Denson
Mar
30
2020
Ruling
Debt was excepted from discharge where debtor's actions caused personal injury to creditor.(Bankr. S.D. Ind.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Damages For Willful or
ABI Membership is required to access the full summary of Denson, In re--Michael v. Denson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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
ABI Membership is required to access the full summary of Duits, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Beckley, In re--Indiana v. Beckley
Sep
30
2019
Ruling
State agency's claim was not excepted from discharge as the agency failed to sustain its burdenof proof that the debtor obtained unemployment benefits by false pretenses, a falserepresentation, or actual fraud. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Beckley, In re--Indiana v. Beckley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: