- 11 U.S.C.
Yantis v. GLHS Unity Surgical Ctr. (In re Yantis)
Jun
30
2016
Ruling
Creditor not sanctioned for garnishment in willful violation of the automatic stay wheredebtor had made full recovery of earnings. (Bankr. N.D. Ind.)
Issue(s)
Should creditor be sanctioned for garnishment in willful violation of the automatic stay?
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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
:
In re Clark
Apr
13
2016
Ruling
Chapter 12 case dismissed as debtor did not meet definition of "family farmer."
Issue(s)
Should chapter 12 case be dismissed on grounds that the debtor is not a family farmer because his "aggregate debts" exceed $4,031,575?
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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
:
- 11 U.S.C.
Bush v. United States (In re Bush)
Apr
08
2016
Ruling
State tax penalties were nondischargeable only to the extent for returns filed within three years prior to petition date.
Issue(s)
Were tax penalties for returns filed three, four and five years prior to petition date nondischargeable?
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Court
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Angola Healthcare LLC v. Fincannon (In re Angola Healthcare LLC)
Apr
07
2016
Ruling
Motion by defendant in debtor's adversary proceeding to transfer venue denied where the issue had not been raised when the defendant filed its answer.
Issue(s)
Should the court transfer venue of debtor's adversary proceeding on the defendant's motion?
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Court
:
- 11 U.S.C.
In re Payan
Feb
16
2016
Ruling
Continuing automatic deductions by creditor violated the automatic stay.
Issue(s)
Did lender's continuation of automatic deductions towards motor vehicle loan beyond the petition date violate the automatic stay?
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Court
:
- 11 U.S.C.
Indiana v. Washington (In re Washington)
Feb
05
2016
Ruling
Determination of state agency's investigator did not have collateral estoppel effect as to nondischargeability of debt.
Issue(s)
Was debt to state agency nondischargeable where debtor allegedly falsely represented his eligibility for unemployment insurance benefits, based on the results of the agency's investigation?
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Court
:
- 11 U.S.C.
Rybolt v. Carrington Mortg. Servs. LLC (In re Rybolt)
Jan
22
2016
Ruling
Was debtor entitled to preclude mortgage servicer from producing documents in adversary proceeding concerning payment of debtor's tax obligations?
Issue(s)
Was debtor entitled to preclude creditor mortgage servicer from presenting evidence and testimony that had not been timely disclosed, in an adversary proceeding regarding taxes alleged paid for debtor by creditor?
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Court
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