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

Yusuf v. Oduyemi (In re Oduyemi)

(Bankr. S.D. Ind. Mar. 20, 2018)

The bankruptcy court finds in favor of the debtor in this nondischargeability action. The plaintiff alleged that the debtor had fraudulently taken funds from the plaintiff for the purchase of a vehicle that the debtor did not provide. The court finds that the plaintiff did not provide sufficient proof of the necessary intent under 11 U.S.C. § 523(a)(2)(A) and (a)(6). Opinion below.

Judge: Carr

Attorney for Plaintiff: Carrie L. Breedlove

Debtor: Pro Se

2018-03-20 – in re oduyemi

Author: Matt Lindblom

Ryan v. Morris (In re Morris)

(Bankr. W.D. Ky. Dec. 19, 2017)

The bankruptcy court enters judgment in favor of the plaintiffs, holding the debt owed to them is nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6), and holding that the debtors should be denied a discharge under 11 U.S.C. § 727(a)(3) and (a)(4). The debtors borrowed funds from the plaintiffs for real estate investments but failed to fully disclose how the funds were being used and used proceeds from sales for unauthorized purchases. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Kerrick Bachert PSC, Scott A. Bachert, Ashley Gerughty

Attorneys for Debtors: Mark H. Flener, Alicia C. Johnson

2017-12-19 – in re morris

Author: Matt Lindblom

Feldman v. Pearl (In re Pearl)

(Bankr. E.D. Ky. Sep. 29, 2017)

The bankruptcy court enters judgment in favor of the debtor in this nondischargeability action. The plaintiff sought a judgment under 11 U.S.C. § 523(a)(2), (4), and (6). The plaintiff alleged that the debtor wrongfully received distributions from the business entity controlled jointly by the debtor and the plaintiff. The court finds the plaintiff failed to present evidence sufficient to support the claims under § 523. Opinion below.

Judge: Wise

Attorneys for Plaintiff: Michael B. Baker, William R. O’Bryan, Jr.

Attorney for Defendant: Stuart P. Brown

2017-09-29 – in re pearl

Author: Matt Lindblom

Haire v. Padgett (In re Padgett)

(Bankr. W.D. Ky. Sep. 1, 2017)

The bankruptcy court finds in favor of the debtor in this nondischargeability action. The creditor’s claim was based on missing restaurant equipment following the termination of a real property lease to the debtor. The court finds the creditor failed to present evidence establishing that the debtor was responsible for the loss. The elements of §§ 523(a)(2), (4), and (6) were not satisfied. Opinion below.

Judge: Fulton

Attorneys for Debtor: Farmer & Wright, PLLC, Todd A. Farmer

Attorney for Creditor: Steve Vidmer

2017-09-01 – in re padgett

Author: Matt Lindblom

 

Community Financial Services Bank v. Edwards (In re Edwards)

(Bankr. W.D. Ky. July 17, 2017)

The bankruptcy court enters judgment in favor of the lender, holding the debt owed by one of the debtors would not be discharged, pursuant to 11 U.S.C. § 523(a)(6). The debtor disregarded the lender’s security interest in his business’s inventory, using the proceeds of the inventory for personal expenses in violation of the security agreement. The court holds that the lender failed to present sufficient evidence to except the other debtor’s (the first debtor’s spouse) debt from discharge. Opinion below.

Judge: Stout

Attorney for Plaintiff: Martin W. Johnson

Attorney for Debtors: Steve Vidmer

2017-07-17 – in re edwards

Author: Matt Lindblom

Savino v. Dodd (In re Dodd)

(Bankr. S.D. Ind. July 14, 2017)

The bankruptcy court denies the creditor’s motion for summary judgment in this nondischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). The creditor argued the debtor should be collaterally estopped from defending based on a prepetition judgment entered against the debtor. The court concludes that the issues were not “fairly and fully litigated” in the state court, and thus summary judgment based on collateral estoppel is not appropriate. Opinion below.

Judge: Moberly

Attorneys for Plaintiff: Blackwell, Burke & Ramsey, P.C., David M. Bullington, Jason R. Burke

Attorneys for Debtor: Halcomb Singler, LLP, Erika K. Singler

2017-07-14 – in re dodd

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

Hunt v. Spencer (In re Spencer)

(Bankr. S.D. Ind. Feb. 24, 2017)

The bankruptcy court denies the plaintiff’s motion for summary judgment in this nondischargeability action under 11 U.S.C. §§ 523(a)(2), (4), and (6). The plaintiff argued that a state court judgment collaterally estopped the debtor from defending against the claims. The court holds that the findings in the state court judgment are insufficient to prevent the debtor from asserting a defense in this action. Opinion below.

Judge: Carr

Attorney for Plaintiff: Mulvey Law LLC, Joseph L. Mulvey

Attorney for Debtor: Mercho Caughey & DeLay, Tarek Elias Mercho

2017-02-24-in-re-spencer

Author: Matt Lindblom

HIJ Industries, Inc. v. Roy (In re Roy)

(Bankr. E.D. Ky. Jan. 26, 2017)

The bankruptcy court enters judgment in favor of the debtor, dismissing claims under 11 U.S.C. § 523(a)(6) and § 727(a)(2)(A). The plaintiff argued that the debtor executed a scheme that intentionally injured the plaintiff because the debtor became unable to pay on promissory notes. The Court finds that the plaintiff did not establish that the debtor willfully and maliciously injured the plaintiff. Also, while the debtor had transferred title to a truck from his sole ownership to joint ownership with his wife within a year of the bankruptcy petition, the plaintiff failed to establish the requisite intent. Opinion below.

Judge: Wise

Attorney for Plaintiff: Tricia A. Shackelford

Attorney for Debtor: John M. Simms

2017-01-26-in-re-roy

Author: Matt Lindblom