In re Rowe

(Bankr. W.D. Ky. Apr. 26, 2016)

The bankruptcy court grants the trustee and creditor’s motion to reconsider the Court’s entry of an order of discharge. The court had entered a judgment denying the debtor a discharge for failure to comply with court orders and hindering the trustee’s efforts. The case was closed, and much later the debtor moved to reopen the case to submit her financial management certificate to receive a discharge. The court entered the order of discharge a few days after the certificate was submitted. The court holds that the motion to reconsider was timely and that the record established that the debtor is not entitled to a discharge. Opinion below.

Judge: Lloyd

Attorney for Creditor: Stoll Keenon Ogden, PLLC, Matt Lindblom

Trustee: Gordon A. Rowe, Jr.

Attorney for Debtor: Timothy Denison

2016-04-26 – in re rowe

Author: Matt Lindblom

Rosco v. Lockhart

(N.D. Ind. Dec. 16, 2015)

The district court affirms the bankruptcy court’s decision finding that the creditor’s assertion of a counterclaim for unpaid rent in the state court action filed by the debtor for return of a security deposit after discharge was not a violation of the stay or the discharge injunction. Opinion below.

2015-12-16 – rosco v lockhart

Author: Matt Lindblom

United Fire & Casualty Company v. Eldridge (In re Eldridge)

(Bankr. E.D. Ky. Oct. 14, 2015)

The bankruptcy court grants the debtor’s motion to dismiss the nondischargeability action. The debtor had filed a previous bankruptcy in 2005 in which the creditor’s claims forming the basis for the current action had been discharged. The creditor had notice of the prior bankruptcy and all claims held by the debtor had arisen prior to that bankruptcy. Opinion below.

2015-10-14 – united fire v eldridge

Author: Matt Lindblom

Smith v. Montgomery (In re Montgomery)

(Bankr. S.D. Ind. Apr. 28, 2015)

The bankruptcy court dismisses the creditor’s complaint objecting to the discharge of her claim under § 523(a)(6). The Chapter 13 debtor was proceeding towards a full-compliance discharge under § 1328(a), and thus would be entitled to a discharge of debts under 523(a)(6). The court reasons that the issues raised by the creditor are not ripe for review unless and until the debtor moves for a hardship discharge, in which case debts described in § 523(a)(6) would not be discharged. Opinion below.

2015-04-28 – smith v montgomery

Author: Matt Lindblom

In re Marcus-Rehtmeyer

(7th Cir. Apr. 28, 2015)

The Seventh Circuit reverses the district court’s order affirming the bankruptcy court’s order denying the creditor’s objection to the debtor’s discharge. The creditor obtained a judgment against the debtor in state court and conducted post-judgment discovery to collect on the judgment. The debtor omitted assets in her responses to the discovery requests and then filed a Chapter 7 petition. The bankruptcy court found that the debtor’s explanations for the omissions were credible and denied the discharge objection. The Seventh Circuit reverses, finding the bankruptcy court’s findings were clearly erroneous. Opinion below.

2015-04-28 – in re marcus-rehtmeyer

Author: Matt Lindblom

Cunningham v. Kentucky Department of Revenue (In re Cunningham)

(Bankr. E.D. Ky. Feb. 12, 2015)

The bankruptcy court grants the debtor’s motion for summary judgment, declaring taxes owed to the department of revenue dischargeable. The court finds that the debtor’s tax obligations did not fit within the framework of 11 U.S.C. § 523(a)(1) and thus were dischargeable. The opinion provides a succinct outline for discharging certain tax obligations. Opinion below.

2015-02-12 – cunningham v ky dept of revenue

Author: Matt Lindblom