CNH Industrial Capital America LLC v. Williams (In re Williams)

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

The bankruptcy court enters summary judgment in favor of the creditor on two counts in the nondischargeability complaint. The debtor sold two pieces of equipment collateral without delivering the proceeds to the creditor. The court finds that the facts establish the debtor acted willfully and maliciously in causing the injury to the creditor. A third piece of equipment collateral was repossessed by another creditor and created a factual dispute. Opinion below.

Judge: Lloyd

Attorney for Creditor: Andrews Law Firm, PLLC, Ashley Sanders Cox

Attorney for Debtor: Mark H. Flener

2018-04-05 – in re williams

Author: Matt Lindblom

Diaz v. Castillo (In re Castillo)

(Bankr. S.D. Ind. Apr. 4, 2018)

The bankruptcy court denies the debtor’s motion to dismiss the nondischargeability complaint. The court finds that the complaint is a short, plain statement of the plaintiff’s claims, which constitute plausible claims upon which relief can be granted. Opinion below.

Judge: Carr

Attorney for Plaintiff: Randolph A. Leerkamp

Attorney for Debtor: Carey Law Office, Penny Lynn Carey

2018-04-04 – in re castillo

Author: Matt Lindblom

Edmonton State Bank v. Smith (In re Smith)

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

The bankruptcy court denies the creditor’s motion to amend the December 2017 judgment. The creditor’s lien was only on equipment and did not apply to two pole barn structures, which were fixtures and subject to the competing creditor’s mortgage. Opinion below.

Judge: Lloyd

Attorney for Movant: Stites & Harbison, Brian R. Pollock

Attorney for Mortgagee: T. Richard Alexander, II

2018-03-23 – in re smith

Author: Matt Lindblom