In re Lynn

(Bankr. W.D. Ky. Oct. 16, 2017)

The bankruptcy court overrules the Chapter 7 trustee’s objection to the debtor’s claimed exemption. The debtor moved to reopen her case, add a personal injury cause of action to her schedules, and claim an exemption in a portion of the recovery on the cause of action. The court holds that Law v. Siegel is applicable, and thus the court does not have authority to deny the exemption even if bad faith exists. Opinion below.

Judge: Lloyd

Attorney for Debtor: Darren K. Mexic

Trustee: Jerry Burns

2017-10-16 – in re lynn

Author: Matt Lindblom

Village Green I, GP v. Federal National Mortgage Association (In re Village Green I, GP)

(6th Cir. Jan. 27, 2016)

The Sixth Circuit affirms the district court’s finding that the Chapter 11 plan was proposed in bad faith. The plan proposed to pay small claims in full but over a 60-day period. This class of claims was technically impaired due to the delayed payment and it voted to accept the plan. The principle secured lender appealed. The Court finds that the plan was not proposed in good faith, as required by 11 U.S.C. § 1129(a)(3), because it was designed to circumvent  § 1129(a)(10)’s requirement for an accepting impaired class of claims. Opinion below.

2016-01-27 – in re village green

Author: Matt Lindblom

In re Trainor

(Bankr. S.D. Ind. Dec. 22, 2014)

The bankruptcy court overrules the creditor’s objection to the Chapter 13 debtor’s proposed plan. The creditor was the debtor’s ex-wife. She objected to the plan, arguing both the petition and the plan were filed in bad faith, as the debtor’s sole motivation was to discharge a judgment she had obtained following the divorce. The court discusses the standards for showing a petition and plan are filed in bad faith. The creditor failed to satisfy either standard. Although there were inaccuracies in the debtor’s schedules, they did not rise to the level of showing fraud or bad faith. The court ordered the debtor to correct the schedules and file an amended plan if necessary. Opinion below.

2014-12-22 – in re trainor

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