Stein v. Stubbs (In re Stubbs)

(6th Cir. B.A.P. Mar. 9, 2017)

The Sixth Circuit B.A.P. vacates the bankruptcy court’s orders denying the trustee’s motion for default judgment in the action to revoke the debtor’s discharge. The debtor failed to comply with the court’s order to provide the trustee a copy of her tax return when filed. The appellate court finds the bankruptcy court abused its discretion in denying the trustee’s motion for default judgment where the debtor was properly served with the action and there was no evidence the debtor was not aware of the bankruptcy court’s clear order on the issue. Opinion below.

Judge: Humphrey

Trustee: Sheldon Stein

2017-03-09 – in re stubbs

Author: Matt Lindblom

Roberts v. Kleven

(N.D. Ind Nov. 14, 2014)

The district court affirms the bankruptcy court’s decision to revoke the debtor’s discharge pursuant to § 727(d)(1), (2), and (3). The debtor obtained a tax refund and transferred the bulk of it ($6,400) from her bank account to a relative’s account in the days leading up to the filing of her chapter 7 petition. The refund and transfer were not disclosed to the trustee. The trustee repeatedly requested copies of her bank account statement for the three months leading up to the bankruptcy, among other documents, but the debtor refused to produce the documents despite entry of an agreed order compelling their production more than a year after the 341 meeting. The documents were eventually produced before trial. The district court held the bankruptcy court’s order revoking the discharge was appropriate—the debtor failed to comply with a court order, fraudulently obtained her discharge, and fraudulently failed to report property of the estate. Opinion below.

2014-11-14 – roberts v kleven

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