(Bankr. S.D. Ind. Apr. 4, 2018)
The bankruptcy court denies the debtor’s motion to dismiss the nondischargeability complaint. The court finds that the complaint is a short, plain statement of the plaintiff’s claims, which constitute plausible claims upon which relief can be granted. Opinion below.
Judge: Carr
Attorney for Plaintiff: Randolph A. Leerkamp
Attorney for Debtor: Carey Law Office, Penny Lynn Carey
Author: Matt Lindblom
(Bankr. W.D. Ky. Feb. 5, 2018)
The bankruptcy court denies the creditors’ motion to dismiss the Chapter 13 case. The motion raised issues that could have been raised in an objection to confirmation of the plan. The confirmation order operates as res judicata of all issues which could have been raised at the confirmation hearing. Opinion below.
Judge: Lloyd
Attorneys for Debtor: Seiller Waterman LLC, Neil Charles Bordy
Creditor: Pro Se
Author: Matt Lindblom
(Bank. S.D. Ind. Jan. 25, 2018)
The bankruptcy court grants the debtor’s motion to dismiss the Chapter 12 case but bars the debtor from refiling a case under any chapter for 180 days. The debtor filed its motion after the trustee filed a motion to dismiss and for a 180-day refiling bar. The court concludes that the debtor has the right to dismiss its case under 11 U.S.C. § 1208(b), and thus the trustee’s motion must be denied. However, the court finds that the case was filed in bad faith and thus the Court can order the 180-day bar without motion under § 349(a). Opinion below.
Judge: Moberly
Attorney for Debtor: McClure O’Farrell, Thomas B. O’Farrell
Trustee: Joseph M. Black, Jr.
2018-01-25 – in re valentine hill farm
Author: Matt Lindblom
(Bankr. E.D. Ky. June 29, 2017)
The bankruptcy court grants the defendants’ motion to dismiss in this adversary proceeding. The trustee sought to subordinate and recharacterize defendants’ claims under 11 U.S.C. § 510, avoid as fraudulent and preferential transfers certain transfers to the defendants, and disallow defendants’ claims. The court finds that the trustee fails to allege facts sufficient to support any of the claims. Opinion below.
Judge: Wise
Attorneys for Trustee: Bingham Greenbaum Doll LLP, Claude R. Bowles, Jr., Danial J. Donnellon, James R. Irving, Alex S. Rodger, April A. Wimberg
Attorneys for Defendants: Brian H. Meldrum, Brian R. Pollock
2017-06-29 – in re licking river mining
Author: Matt Lindblom
(Bankr. E.D. Ky. June 21, 2017)
The bankruptcy court grants the defendant’s motion to dismiss the trustee’s complaint, which sought to avoid transfers from debtors to the defendant. The complaint failed to state a claim, in part because the defendant could not be deemed an “insider” of the debtor. The court additionally finds that the complaint contains insufficient facts to support various other claims. Opinion below.
Judge: Wise
Attorneys for Trustee: Bingham Greenbaum Doll LLP, Claude R. Bowles, Jr., Daniel J. Donnellon, James R. Irving, April A. Wimberg
Attorneys for Defendant: Stites & Harbison, PLLC, Brian H. Meldrum, Brian R. Pollock
2017-06-21 – in re licking river mining
Author: Matt Lindblom
(Bankr. E.D. Ky. Apr. 13, 2017)
The bankruptcy court grants the defendant’s motion to dismiss except with respect to payments received from the debtor within the 90-day prepetition preference period. The court first finds that the trustee failed to state a claim for avoidance of alleged preferential transfers made outside the 90-day period because the facts alleged did not show that the defendant was an “insider” as defined in the bankruptcy code or a “non-statutory insider” under case law. The trustee also failed to allege facts sufficient to support various other claims to avoid transfers to the defendant. Opinion below.
Judge: Wise
Attorneys for Trustee: Bingham Greenbaum Doll LLP, Claude R. Bowles, Jr., Daniel J. Donnellon, Jamies R. Irving, April A. Wimberg
Attorneys for Defendant: Stites & Harbison, Brian H. Meldrum, Brian R. Pollock
2017-04-13 – in re licking river mining
Author: Matt Lindblom
(Bankr. E.D. Ky. Mar. 24, 2017)
The bankruptcy court grants in part and denies in part the defendant’s motion to dismiss in this fraudulent and preferential transfer avoidance action. The trustee’s amended complaint failed to state claims based on certain transfers, but did state a preferential transfer claim.
Judge: Wise
Attorneys for Trustee: Bingham Greenebaum Doll LLP, Claude R.Bowles, Jr., Daniel J. Donnellon, Alex S. Rodger
Attorneys for Defendant: Ross M. Bagley, Gideon Cashman, Eric M. Fishman, Adam R. Kegley
2017-03-24 – in re licking river mining
Author: Matt Lindblom
(Bankr. S.D. Ind. Mar. 20, 2017)
The bankruptcy court denies the defendants’ motion to dismiss, with the exception of one claim for equitable subordination against one of the defendants. The complaint filed by the trustee asserted counts for veil piercing, fraud and fraudulent transfer, preference avoidance, breach of fiduciary duty, and a demand for accounting and turnover. Opinion below.
Judge: Moberly
Attorney for Trustee: Mark A. Warsco
Attorneys for Defendants: Alerding Castor Hewitt LLP, Michael J. Alerding, Julia E. Dimick, Mitchell Alan Greene, Anthony Frederick Roach; Abraham Murphy
2017-03-20 – in re breath of life home medical
Author: Matt Lindblom
(Bankr. E.D. Ky. Mar. 8, 2017)
The bankruptcy court grants the creditor’s motion to dismiss the debtor’s counterclaim in this nondischargeability action. The debtor failed to state a claim for conversion under Kentucky law. The debtor also failed to state claims under Kentucky’s statutes governing corporations, derivative actions, and shareholder claims. Opinion below.
Judge: Wise
Attorney for Debtor: Stuart P. Brown
Attorney for Creditor: Michael L. Baker
Author: Matt Lindblom
(7th Cir. Feb. 8, 2017)
The Seventh Circuit denies the trustee’s motion to dismiss his appeal and remand so that the bankruptcy court could approve the settlement between the parties, as the bankruptcy court recently indicated that it would approve the settlement. The court denies the motion because Appellate Procedure Rule 12.1 requires that the district court indicate that it would grant the same relief as the bankruptcy court. Opinion below.
Judge: Ripple
Attorneys for Trustee: Riordan, Fulkerson, Hupert & Coleman, Alan Fulkerson
Attorneys for Appellee: Howard & Howard Attorneys PLLC, Thomas W. O’Neal
2017-02-08-in-re-central-illinois-energy-cooperative
Author: Matt Lindblom
Kentuckiana Bankruptcy Opinions 