(Bankr. S.D. Ind. Feb. 24, 2016)
(Bankr. E.D. Ky. Nov. 22, 2017)
(Bankr. S.D. Ind. Sep. 14, 2017)
The bankruptcy court grants the university’s motion for summary judgment, determining that the student loan debt is nondischargeable. The debtor filed the adversary proceeding alleging repayment would present an undue hardship. The debtor did not respond to the university’s motion and failed to present any evidence to satisfy the Brunner test. Opinion below.
Judge: Carr
Attorney for Debtor: Eric C. Redman, Redman Ludwig PC
Attorney for University: Constantine Alexander Hortis, Maryland Attorney General
(Bankr. E.D. Ky. July 17, 2017)
The bankruptcy court dismisses the debtor’s complaint seeking to avoid a transfer to the bank defendant. The transfer consisted of the Bank exercising its contractual setoff right and applying funds in the debtor’s bank account to the Bank’s claim. The transfer occurred while the bankruptcy case was dismissed. The debtor fails to state a claim that is plausible on its face. Opinion below.
Judge: Schaaf
(W.D. Ky. May 2, 2017)
(7th Cir. Mar. 13, 2017)
The Seventh Circuit affirms the district court’s dismissal of the appeal. The debtor failed to appeal the bankruptcy court’s order within the 14-day period set forth in Bankruptcy Rule 8002(a)(1). The court discusses authority holding that courts do not have equitable powers to contradict bankruptcy statutes and rules. Opinion below.
Judge: Easterbrook
Attorney for Debtor: Randy Joseph Netzer
Attorney for Appellee: Sean Michael Murphy
(Bankr. E.D. Ky. Feb. 2, 2017)
The bankruptcy court enters summary judgment in favor of the plaintiff trustee. The trustee sought to obtain title to a truck sold to the debtor prepetition by the defendant dealer. The dealer had not provided a certificate of title, but the debtor did receive physical possession of the truck pursuant to a bona fide sale. The court finds in favor of the trustee after applying Kentucky’s comprehensive automated motor vehicle registration and titling system contained in KRS §§ 186A.010-186A.990. Opinion below.
Judge: Schaaf
(Bankr. E.D. Ky. Nov. 28, 2016)
The bankruptcy court enters summary judgment in favor of the plaintiffs in this 11 U.S.C. § 523(a)(6) nondischargeability action. The plaintiffs had obtained a state court default judgment against the debtor for damages caused to them when the debtor drove to their home and shot one of the plaintiffs and injured the other plaintiff with flying debris. The court holds that collateral estoppel bars the debtor from relitigating the issue of whether the debtor caused a willful and malicious injury to the plaintiffs. Opinion below.
Judge: Wise
(6th Cir. Oct. 3, 2016)
The Sixth Circuit affirms the district court’s dismissal of the pensioners’ challenge to the confirmation order entered in the Chapter 9 bankruptcy case filed by the City of Detroit, Michigan. The pensioners filed the action to challenge the plan’s reduction of their benefits. The Court holds that the doctrine of equitable mootness applies. The pensioners did not obtain a stay, the plan has been substantially consummated, and many actions have been undertaken or completed under the plan. Opinion below.
Judge: Batchelder
(Bankr. S.D. Ind. July 8, 2016)
The court overrules the debtor’s ex-spouse’s objection to confirmation of the Chapter 13 plan. The creditor argued her claim could not be discharged because it was a domestic support obligation. However, the court analyzes the divorce decree and determines that the payments ordered were not tied to health or employment prospects or the creditor’s ability to support herself. Under the circumstances, the court concludes the claim is not for a domestic support obligation and may be discharged. Opinion below.
Judge: Moberly