In re Barth

(Bankr. N.D. Ind. Oct. 10, 2014)

The bankruptcy court denies the movants’ motion to alter or amend an earlier order dismissing their Chapter 13 bankruptcy. The movants’ former attorney was suspended from practice in April 2014. The trustee then filed a motion to dismiss the case because the debtors had failed to provide certain information for their case. The movants did not provide the information, failed to otherwise respond to the motion, and then failed to attend the hearing. The court found that the movants did not establish excusable neglect to warrant altering the dismissal order. Opinion below.

2014-10-10 – in re barth

Bankr. N.D. Ind. Opinions – September 2014

The following opinions were recently made available on the website for the Bankruptcy Court for the Northern District of Indiana. I understand that opinions from this Court may be uploaded as “opinions” at different times (sometimes much later than the date they are issued), depending on the particular Judge and office staff. I will continue to check this Court’s website routinely and report on opinions that appear there.

Ind. Dept. of Workforce Dev. v. Hooks (Bankr. N.D. Ind. Sep. 17, 2014)
Ind. Dept. of Workforce Dev. v. Lucio (Bankr. N.D. Ind Sep. 17, 2014)
Ind. Dept. of Workforce Dev. v. Meredith (Bankr. N.D. Ind. Sep. 17, 2014)
Ind. Dept. of Workforce Dev. v. Quaglo (Bankr. N.D. Ind. Sep. 18, 2014) – Denial of the department’s motions for default judgment in nondischargeability actions, alleging debtors inappropriately accepted benefits. The debtors were in default for failure to timely respond to the complaints. However, the complaints failed to set out a prima facie claim of obtaining funds by false representations and thus default judgments were denied. Opinions below.

2014-09-17 – in dept of workforce dev v hooks

2014-09-17 – in dept of workforce dev v lucio

2014-09-17 – in dept of workforce dev v meredith

2014-09-18 – in dept of workforce dev v quaglio

In re Double Tree Lake Estates, LLC (Bankr. N.D. Ind. Sep. 18, 2014) – Denial of the debtors’ motion to quash subpoenas served on non-parties. The court rejects the debtors’ procedural arguments and finds that the debtors failed to show the requested information was irrelevant to the case. Opinion below.

2014-09-18 – in re double tree lake estates, llc

Bankr. N.D. Ind. Opinions – June to August 2014

The following opinions were just recently made available on the website for the Bankruptcy Court for the Northern District of Indiana. I understand that opinions from this Court may be uploaded as “opinions” at different times (sometimes much later than the date they are issued), depending on the particular Judge and office staff. I will continue to check this Court’s website routinely and report on opinions as soon as they appear there.

In re Kohler (Bankr. N.D. Ind. June 27, 2014) – Denial of motion to approve settlement under Bankruptcy Rule 9019, because settlement terms not finalized. Opinion below.

2014-06-27 – in re kohler

Sun Enterprises, Inc. v. May (In re May) (Bankr. N.D. Ind. July 9, 2014) – Motion to quash subpoena granted where party served resided outside the state of and more than 100 miles from the site of the deposition stated in the subpoena. Opinion below.

2014-07-09 – in re may

In re Wilson (Bankr. N.D. Ind. July 14, 2014) – Motion to reconsider granted such that a motion to assume an executory contract would be reheard by the Court. Opinion below.

2014-07-14 – in re wilson

In re Neary (Bankr. N.D. Ind. July 17, 2014) – Motion to dismiss case with prejudice for bad faith filing granted, where debtor had filed multiple bankruptcies in short time period. Opinion below.

2014-07-17 – in re neary

Sun Enterprises, Inc. v. Hoffman (In re Hoffman) (Bankr. N.D. Ind. Aug. 11, 2014) – Denial of plaintiff’s motion for summary judgment in nondischargeability action where factual dispute existed with respect to alleged misrepresentation. Opinion below.

2014-08-11 – in re hoffman

Sun Enterprises, Inc. v. May (In re May) (Bankr. N.D. Ind. Aug. 11, 2014) – Denial of plaintiff’s motion for summary judgment in nondischargeability action where factual dispute existed with respect to alleged misrepresentation. Opinion below.

2014-08-11 – in re may

Sun Enterprises, Inc. v. Stafford (In re Stafford) (Bankr. N.D. Ind. Aug. 11, 2014) – Plaintiff’s motion for summary judgment in nondischargeability action granted, pursuant to 11 U.S.C. § 523(a)(2)(A), where defendant did not challenge plaintiff’s declarations or the motion. Opinion below.

2014-08-11 – in re stafford

Fischer v. Trammell (In re Trammell) (Bankr. N.D. Ind. Aug. 13, 2014) – Trustee’s motion for default judgment granted in adversary proceeding filed to revoke the debtor’s discharge. Opinion below.

2014-08-13 – in trammell