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

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

East Cost Miner, LLC v. Nixon Peabody, LLP

(E.D. Ky. Oct. 3, 2017)

The district court affirms the bankruptcy court’s interpretation of a final cash collateral order, holding the bankruptcy court did not abuse its discretion in finding a carve-out for payment of professional fees included prepetition collateral of the lenders. The text of the order along with a review of the case record made clear that the parties had agreed the prepetition collateral was included. $2.4 million in fees were awarded. Opinion below.

Judge: Wilhoit

Attorneys for Appellants: Luskin, Stern & Eifler LLP, Alex Talesnick, Michael Luskin; Fowler Bell PLLC, Matthew David Ellison, Taft A. McKinstry

Attorneys for Appellees: Nixon Peabody LLP, Christopher M. Desiderio, Dennis J. Drebsky; Amelia Martin Adams, Laura Day DelCotto; Squire Patton Boggs, Eliot M. Smith, Stephen D. Lerner; Foley & Lardner, LLP, David B. Goroff, Edward J. Green, Geoffrey S. Goodman; T. Kent Barber; John L. Daughtery; Rachelle Cathleen Dodson; Phaedra Spradlin

2017-10-03 – in re east coast miner

Author: Matt Lindblom

Walro v. Hatfield (In re Lee)

(S.D. Ind. June 27, 2017)

The district court adopts the bankruptcy court’s proposed findings and conclusions and holds that the trustee is entitled to avoid a fraudulent transfer made to one of the defendants. The court concludes the transfer of real property is appropriately avoided under the Indiana Uniform Fraudulent Transfer Act. The defendant was not entitled to the status of a good-faith purchaser because the circumstances surrounding the transfer were too bizarre, including facts suggesting the defendant did very little due diligence prior to purchasing the property and failed to obtain any receipt showing cash payments to satisfy the purchase price. Opinion below.

Judge: Young

Attorneys for Trustee: Rubin & Levin PC, John M. Rogers

Attorneys for Defendants: Hostetter & Associates, John K. McDavid, Joshua D. Hershberger

2017-06-27 – in re lee

Author: Matt Lindblom

Levin v. Paige (In re Stein)

(S.D. Ind. June 2, 2017)

The district court denies the defendant’s motion to withdraw the reference in this fraudulent conveyance action. The defendant answered the complaint, requesting a jury trial and noting that he does not consent to adjudication by the bankruptcy judge. The district court acknowledges that the bankruptcy court lacks authority to conduct a jury trial without express consent of all parties. However, the district court holds that immediate transfer is not necessary. The bankruptcy court may handle all pretrial matters, and the case can be transferred to the district court if a jury trial becomes necessary. Opinion below.

Judge: Pratt

Attorneys for Trustee: Rubin & Levin, PC, James E. Rossow, Jr. John M. Rogers

Attorney for Defendant: Jeffrey O. Meunier

2017-06-02 – in re stein

Author: Matt Lindblom

National Labor Relations Board v. Calvert

(S.D. Ind. Mar. 31, 2017)

The district court affirms the bankruptcy court’s ruling in favor of the debtor in the nondischargeability action. The NLRB argued its claim against the debtor should be denied under 11 U.S.C. § 523(a)(6). The court holds that the prepetition administrative ruling finding the debtor acted out of “antiunion animus” did not necessarily satisfy the  requisite intent required under § 523(a)(6). Collateral estoppel did not apply. Opinion below.

Judge: Barker

Attorneys for NLRB: Dalford D. Owens , Jr., William R. Warwick

Attorneys for Debtor: Faegre Baker Daniels LLP, Dustin R. DeNeal, Harmony A. Mappes

2017-03-31 – national labor relations board v calvert

Author: Matt Lindblom

Halifax Financial Group L.P. v. Hazel (In re Hazel)

(S.D. Ind. Feb. 27, 2017)

The district court dismisses the appeal because the bankruptcy court’s order was not final and appealable. The creditor had filed an emergency motion for stay relief to proceed with acquiring title to the debtor’s real property through Indiana’s tax sale and tax deed procedures. The bankruptcy court denied the motion without prejudice. The district court holds that the bankruptcy court’s order was not final, in part because it was without prejudice and appeared to be a preliminary decision. Opinion below.

Judge: Young

Attorneys for Creditor: Harrison & Moberly, David J. Theising

Attorneys for Debtor: Tom Scott & Associates, PC, Jess M. Smith, III

2017-02-27-in-re-hazel

Author: Matt Lindblom