(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
Author: Matt Lindblom
(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
(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
(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
Author: Matt Lindblom
(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
Author: Matt Lindblom
(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
(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
Author: Matt Lindblom
(S.D. Ind. Feb. 17, 2017)
The district court affirms the bankruptcy court’s judgment in favor of the plaintiff trust. The bankruptcy court held that the trust could pierce the corporate veil and hold the debtor personally liable to the trust. The district court analyzes Indiana law on veil piercing and finds no error. Opinion below.
Judge: Young
Attorney for Debtor: Goering Law LLC, Wilmer E. Goering, II
Attorney for Plaintiff: Kroger Gardis & Regas LLP, David E. Wright
Author: Matt Lindblom
(S.D. Ind. Feb. 13, 2017)
The district court affirms the bankruptcy court’s judgment in favor of the trustee in this fraudulent transfer action. The district court rejects the defendant’s arguments that the bankruptcy court relied too heavily on a trust document and state court judgment for the finding of fraud. The bankruptcy court did not abuse its discretion by entering a money judgment for the value of the shares at the time of the transfer rather than ordering that the shares be returned (at their depreciated value). The bankruptcy court also did not commit clear error in valuing the shares. Opinion below.
Judge: Young
Attorneys for Trustee: Rubin & Levin PC, John M. Rogers
Appellant: Pro Se
Author: Matt Lindblom
(S.D. Ind. Nov. 18, 2016)
The district court affirms the bankruptcy court’s holding that a tax penalty is dischargeable if the penalty is described by either 11 U.S.C. § 523(a)(7)(A) or (B). Opinion below.
Judge: McKinney
Attorney for Appellant: Peter Sklarew
Attorneys for Debtors: Camden & Meridew, PC, Julie A. Camden
Author: Matt Lindblom
Kentuckiana Bankruptcy Opinions 