Hollowell v. Chase Home Finance

(N.D. Ind. Apr. 5, 2016)

The district court grants the defendants’ motion to dismiss the appeal for being untimely. The debtor filed his notice of appeal outside the 14-day period. Upon the defendants’ motion to dismiss the appeal, the debtor filed a motion to extend the deadline to file the notice of appeal, but that motion was also untimely. Opinion below.

Judge: Simon

Debtor: Pro Se

Attorneys for Defendants: Dykema Gossett PLLC, Louis S. Chronowski, Maria A. Diakoumakis

2016-04-05 – hollowell v chase home finance

Author: Matt Lindblom

Woodson v. Ausmus

(W.D. Ky. Mar. 31, 2016)

The district court affirms the bankruptcy court’s decision to bar the creditor’s nondischargeability claims for being untimely. The bankruptcy notice set forth the applicable bar date for assertion of such claims, based on the first scheduled meeting of creditors. The case was then repeatedly dismissed for failure to file schedules and reinstated on motions of the debtor. While the meeting of creditors was rescheduled and continued, no changes were made to the initial bar date for nondischargeability claims. The court enforces the deadline and declines to exercise its equitable powers under 11 U.S.C. § 105(a) to revoke the discharge. Opinion below.

Judge: Stivers

Attorney for Debtors: Whitford & Neuhauser, Ross B. Neuhauser

Attorney for Creditor: Dinsmore & Shohl LLP, James L. Adams

2016-03-31 – woodson v ausmus

Author: Matt Lindblom

In re Lengacher

(Bankr. N.D. Ind. Oct. 6, 2015)

The bankruptcy court denies the creditor’s motion to dismiss the trustee’s objection to the creditor’s claim, without prejudice. The creditor failed to comply with a local rule requiring supporting briefs to be filed separate from their motions. The court reasoned that confusion as to deadlines for responding to such a motion would likely result because the local rule was not followed. Opinion below.

2015-10-06 – in re lengacher

Author: Matt Lindblom

In re Thiel

(Bankr. W.D. Ky. July 21, 2015)

The bankruptcy court grants the creditor’s motion to file a late response to an objection to its proof of claim. The creditor’s attorney attempted to file the response on the deadline, but through error the objection was not filed. The next day, the court entered the order disallowing the claim at almost the same time the creditor successfully filed the response and a motion to allow the late filing. The bankruptcy court grants the motion. Opinion below.

2015-07-21 – in re thiel

Author: Matt Lindblom