- 11 U.S.C.
Perkins, In re--Ind. ex rel. Ind. Dep't of Workforce Dev. v. Perkins
Aug
28
2017
Ruling
Court ruled that benefit overpayments debtor received from the IDWD should be exceptedfrom discharge as the debtor received unemployment compensation benefits while working.(Bankr. N.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.
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
:
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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:
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
:
- 11 U.S.C.
In re Brown
Aug
02
2016
Ruling
Confirmation denied due to provision for possible waiver of primary residence mortgagearrearage in violation of modification prohibition. (Bankr. N.D. Ind.)
Issue(s)
Confirmation of Plan.
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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
: