In re Lengacher

(Bankr. N.D. Ind. Oct. 6, 2015)

The bankruptcy court denies the creditor’s motion to dismiss the trustee’s objection to the creditor’s claim, without prejudice. The creditor failed to comply with a local rule requiring supporting briefs to be filed separate from their motions. The court reasoned that confusion as to deadlines for responding to such a motion would likely result because the local rule was not followed. Opinion below.

2015-10-06 – in re lengacher

Author: Matt Lindblom

Bankr. N.D. Ind. Opinions

In re Shell (Bankr. N.D. Ind. May 12, 2015) – Court overrules trustee’s objection to claim because trustee failed to allege any facts to support conclusory allegation that claim was barred by statute of limitations.

2015-05-12 – in re shell

In re Wembley (Bankr. N.D. Ind. May 19, 2015) – Court denies debtor’s motion to reconsider order dismissing case.

2015-05-19 – in re wimbley

Seifert v. Diskey (In re Diskey) (Bankr. N.D. Ind. May 19, 2015) – Court revokes the debtor’s discharge under 11 U.S.C. § 727(a)(6) and (d)(3) for failure to comply with a court order.

2015-05-19 – seifert v diskey

In re Teeple (Bankr. N.D. Ind. Aug. 6, 2015) – Court overrules the debtor’s objection to the trustee’s final report and proposed distribution.

2015-08-06 – in re teeple

Johnson v. U.S. Dept. of Education (In re Johnson) (Bankr. N.D. Ind. Aug. 6, 2015) – Court rules against the debtor, finding education loan is non dischargeable.

2015-08-06 – johnson v us department of education

In re Long (Bankr. N.D. Ind. Aug. 7, 2015) – Court overrules objection to trustee’s motion for turnonver, because party filing objection (not the debtor) did not have standing to object.

2015-08-07 – in re long

Author: Matt Lindblom

In re Bicker

(Bankr. N.D. Ind. Aug. 10, 2015)

The bankruptcy court grants in part the motion to restrict access to filings with personally identifiable information. The court finds that the motion fails to comply with Bankruptcy Rule 9013, which requires motions to state both the relief sought and the grounds therefore with particularity. The court states that “particularity is not the same thing as verbosity.” The motion fails to state exactly which pleading the movant is asking to redact. The court quotes a Seventh Circuit opinion: “Judges are not like pigs, hunting for truffles buried in briefs.” Opinion below.

2015-08-10 – in re bicker

Author: Matt Lindblom

Bankr. N.D. Ind. Opinions – January 2015 to April 2015

Hernandez-Gutierrez v. Montgomery (Bankr. N.D. Ind. Jan. 30, 2015) – Court denies motion for summary judgment in 11 U.S.C. § 523(a)(2)(A) action.

2015-01-30 – hernandez-gutierrez v montgomery

Leffler v. Orthopaedics Indianapolis, Inc. (Bankr. N.D. Ind. Feb. 6, 2015) – Court denies motion to dismiss in action seeking judgment for violation of automatic stay and the discharge injunction.

2015-02-06 – leffler v orthopaedics indianapolis

Bradley v. Klein (Bankr. N.D. Ind. Feb. 9, 2015) – Court denies motion for default judgment without prejudice due to lack of evidence of proper service.

2015-02-09 – bradley v klein

Keybank N.A. v. Stackhouse (Bankr. N.D. Ind. Feb. 18, 2015) – Court denies plaintiff’s motion for summary judgment on non-dischargeability claim under 11 U.S.C. § 523(a)(6) and request for denial of discharge under § 727(a)(4).

2015-02-18 – keybank v stackhouse

In re Marion (Bankr. N.D. Ind. Mar. 10, 2015) – Court denies trustee’s motion to extend deadline to object to debtor’s claimed exemptions.

2015-03-10 – in re marion

In re Farwell (Bankr. N.D. Ind. Mar. 12, 2015) – Court dismisses Chapter 13 case with sanctions and 180-day filing bar where debtor had filed four petitions in about 15 months, each of which were dismissed for failure to meet statutory requirements to be a debtor.

2015-03-12 – in re farwell

In re Gonzalez (Bankr. N.D. Ind. Mar. 16, 2015) – Court denies Chapter 7 debtor’s request for waiver of the credit counseling requirement.

2015-03-16 – in re gonzalez

Schroeder v. American Education Services (Bankr. N.D. Ind. Mar. 17, 2015) – Court denies motion to dismiss or alternatively for summary judgment in adversary proceeding.

2015-03-17 – schroeder v american education services

Chamberlin v. 1st Source Bank (Bankr. N.D. Ind. Mar. 17, 2015) – Court grants summary judgment in adversary proceeding to determine priority of mortgages on debtor’s residence. The Rooker-Feldman doctrine bars relitigating priority issue decided by state court prepetition.

2015-03-17 – chamberlin v 1st source bank

Indiana v. Taylor (Bankr. N.D. Ind. Mar. 31, 2015) – Court grants default judgment against debtor and declares debt non-dischargeable under 11 U.S.C. § 523(a)(2)(A).

2015-03-31 – indiana v taylor

Foreman v. JPMorgan Chase Bank, N.A. (Bankr. N.D. Ind. Apr. 22, 2015) – Court grants debtors’ motion for default judgment and grants a hardship discharge of student loan debt.

2015-04-22 – foreman v jpmorgan chase bank

Vendramin v. Henry (Bankr. N.D. Ind. Apr. 30, 2015) – Court dismisses nondischargebility action after trial where plaintiff failed to establish the debtor owed a debt to the plaintiff.

2015-04-30 – venderamin v henry

In re Sekema

(Bankr. N.D. Ind. Jan. 7, 2015)

The bankruptcy court finds sanctions are appropriate and enters an order fining the creditors $1,000 for submitting proofs of claim in violation of Bankruptcy Rule 9011. The debts were clearly barred by Indiana’s six-year limitations period. The debtor objected to the proof of claim, the creditors did not respond, and the claims were denied. The court then issued show cause orders, to which the creditors also did not respond. The creditors had not conducted the reasonable investigation required by Rule 9011 before submitting the claims. Opinion below.

2015-01-07 – in re sekema

Author: Matt Lindblom

Liz Transport, Inc. v. Haifley (In re Haifley)

(Bankr. N.D. Ind. Dec. 19, 2014)

The bankruptcy court denies the plaintiff’s motion for summary judgment in this nondischargeability action. The plaintiff’s motion asserted the debtor was collaterally estopped from arguing facts contrary to those deemed admitted by him in the prepetition state court action. The court states that requests for admission are only good for the proceeding in which they are made and have no bearing in subsequent litigation. Such facts cannot support a claim of collateral estoppel. Opinion below.

2014-12-19 – liz transport v haifley

Roach v. Barcus (In re Bolan)

(Bankr. N.D. Ind. Dec. 16, 2014)

The bankruptcy court denies the defendants’ motion to dismiss the adversary proceeding. The trustee had sued the defendants in state court seeking to avoid certain stock transactions with the debtor. The trustee then removed the action to the bankruptcy court, and the defendants moved to dismiss based on lack of subject matter jurisdiction and mandatory abstention. The court has jurisdiction because the determination of the trustee’s claims has a significant impact on the debtor’s estate. Further, the court is not required to abstain, because abstention requires an action to be pending in another court. Because the case was removed to the bankruptcy court, there was no longer an action pending in state court. Opinion below.

2014-12-16 – roach v barcus