In re Valentine Hill Farm LLC

(Bank. S.D. Ind. Jan. 25, 2018)

The bankruptcy court grants the debtor’s motion to dismiss the Chapter 12 case but bars the debtor from refiling a case under any chapter for 180 days. The debtor filed its motion after the trustee filed a motion to dismiss and for a 180-day refiling bar. The court concludes that the debtor has the right to dismiss its case under 11 U.S.C. § 1208(b), and thus the trustee’s motion must be denied. However, the court finds that the case was filed in bad faith and thus the Court can order the 180-day bar without motion under § 349(a). Opinion below.

Judge: Moberly

Attorney for Debtor: McClure O’Farrell, Thomas B. O’Farrell

Trustee: Joseph M. Black, Jr.

2018-01-25 – in re valentine hill farm

Author: Matt Lindblom

Thurman v. Moby (In re Thurman)

(S.D. Ind. Jan. 24, 2018)

The district court dismisses the appeal because the order extending the deadline for the trustee to file a complaint to deny a discharge was not a final and appealable order. Opinion below.

Judge: Magnus-Stinson

Debtor: Pro Se

Trustee: Judge Moby; Ellen Lynn Triebold, U.S. Trustees Office

2018-01-24 – in re thurman

Author: Matt Lindblom

Wheatley v. Oklahoma Tower & Energy Services, LLC (In re Alliance Management Services, LLC)

(Bankr. W.D. Ky. Jan. 23, 2018)

The bankruptcy court enters summary judgment against the defendant in this preference action. The trustee served requests for admissions on the defendant, but the defendant failed to submit timely responses. The trustee sought entry of summary judgment based on the requests for admission being deemed admitted. The bankruptcy court finds that the admissions satisfy the trustee’s burden, and summary judgment in the amount of $125,282 is appropriate.

Judge: Lloyd

Attorneys for Trustee: Seiller Waterman LLC, Neil Charles Bordy, Keith J. Larson

Attorney for Defendant: Ron D. Brown

2018-01-23 – in re alliance management services

Author: Matt Lindblom

The Branham Corporation v. Boone County Utilities, LLC (In re Boone County Utilities, LLC)

(S.D. Ind. Jan. 22, 2018)

The district court affirms several orders of the bankruptcy court and remands for further proceedings with respect to sanctions. The plaintiff appealed orders and issues related to subject matter jurisdiction, summary judgment, plan and confirmation order interpretation, discovery, dismissal of a complaint, and sanctions against the plaintiff. Opinion below.

Judge: Young

Attorney for Plaintiff: Jacobson Hile, LLC; Michael W. Hile

Attorney for Debtor: Bator Law, LLC; John E. Bator

2018-01-22 – in re boone county utilities

Author: Matt Lindblom

Campbell v. Butz (In re Butz)

(Bankr. W.D. Ky. Jan. 5, 2018)

The bankruptcy court enters judgment in favor of the plaintiffs in this non-dischargeability action. The debtors had obtained a loan from the plaintiffs (parents of one of the debtors) to be used in the debtors’ business. The loan was secured by a lien on the debtors’ personal property. The debtors used loan funds for personal expenses rather than the business, and the debtors sold much of their personal property without turning the proceeds over to the plaintiffs. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Kerrick Bachert PSC, Scott A. Bachert, Ashley Gerughty

Attorney for Debtors: Mark H. Flener

2018-01-05 – in re butz

Author: Matt Lindblom

Jodway v. Fifth Third Bank (In re Jodway)

(Sixth Circuit Jan. 5, 2018)

The Sixth Circuit affirms the bankruptcy court’s dismissal of the debtor’s Chapter 13 case. The debtor’s plan provided that he would surrender his property to the bank and make deficiency payments. However, the debtor failed to comply with these terms and instead challenged the bank’s foreclosure case in state court. The bankruptcy court dismissed the case for failure to comply with the terms of the plan. The Sixth Circuit summarily rejects numerous arguments from the debtor, including arguments based on subject-matter jurisdiction, due process, and validity of the mortgage. Opinion below.

Judge: Thapar

Attorney for Debtor: Alaina Zanke-Jodway

Attorney for Bank: Elizabeth Abood-Carroll

2018-01-05 – in re jodway

Author: Matt Lindblom

Church Joint Venture, L.P. V. Grusin (In re Blasingame)

(Sixth Circuit, Jan. 4, 2018)

The Sixth Circuit affirms the B.A.P.’s decision to reverse the bankruptcy court’s order for sanctions. The movant failed to satisfy the twenty-one day safe harbor in Rule 9011. Click here for the B.A.P. opinion. Opinion below.

Judge: Keith

Attorney for Appellant: Malone Akerly Martin, Bruce W. Akerly

Attorney for Appellee: Edward Michael Bearman, Gary E., Veazey

2018-01-04 – in re blasingame

Author: Matt Lindblom

Crop Production Services, Inc. v. Wheeler (In re Wheeler)

(Bankr. W.D. Ky. Dec. 22, 2017)

The bankruptcy court enters summary judgment in favor of the plaintiff, finding that its lien had priority over the other lender’s lien. The other lender had perfected its lien with a UCC-1 but years later accidentally filed a termination statement. The lender then filed another document noting that the termination was accidental, attempting to reinstate the perfected lien. The plaintiff filed its UCC-1 later. The court holds that UCC Article 9 controls, and the termination statement could not be amended or revoked in order to reinstate the original UCC-1. Thus, the plaintiff’s secured claim had priority over the other lender’s claim. Opinion below.

Judge: Fulton

Attorney for Plaintiff: David T. Reynolds

Attorneys for Defendants: Steve Vidmer; Robert B. Frazer, Roy Massey, IV

2017-12-22 – in re wheeler

Author: Matt Lindblom

Wheatley v. Johnson (In re Johnson)

(Bankr. W.D. Ky. Dec. 21, 2017)

The bankruptcy court enters judgment in favor of the trustee, finding a prepetition transfer from the debtor to her son was a fraudulent transfer under 11 U.S.C. §§ 547 and 548. The debtor had transferred her tax refund to her son for the purpose of paying certain bills and obligations of the son. The debtor did not receive reasonably equivalent value and the Court declines to adopt the “no harm, no foul” rule defense (i.e. wildcard exemption is not fully used, but could have been used for the subject funds). Opinion below.

Judge: Lloyd

Attorney for Trustee: Peter M. Gannott

Attorney for Defendant: Ross Benjamin Neuhauser

2017-12-21 – in re johnson

Author: Matt Lindblom

Ryan v. Morris (In re Morris)

(Bankr. W.D. Ky. Dec. 19, 2017)

The bankruptcy court enters judgment in favor of the plaintiffs, holding the debt owed to them is nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6), and holding that the debtors should be denied a discharge under 11 U.S.C. § 727(a)(3) and (a)(4). The debtors borrowed funds from the plaintiffs for real estate investments but failed to fully disclose how the funds were being used and used proceeds from sales for unauthorized purchases. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Kerrick Bachert PSC, Scott A. Bachert, Ashley Gerughty

Attorneys for Debtors: Mark H. Flener, Alicia C. Johnson

2017-12-19 – in re morris

Author: Matt Lindblom