(7th Cir. Mar. 4, 2016)
(6th Cir. B.A.P. Mar. 3, 2016)
(6th Cir. B.A.P. Mar. 3, 2016)
(Bankr. S.D. Ind. Feb. 24, 2016)
(Bankr. W.D. Ky. Feb. 18, 2016)
(Bankr. W.D. Ky. Feb. 16, 2016)
(Bankr. S.D. Ind. Feb. 16, 2016)
(Bankr. E.D. Ky. Feb. 12, 2016)
(S.D. Ind. Feb. 8, 2016)
The district court affirms the bankruptcy court’s decision holding that the debtor was collaterally estopped from challenging the amount of the mortgage lender’s claim. The lender had obtained judgment in a prepetition state court foreclosure action, in which the debtor had presented the same arguments regarding the loan balance calculation. The district court finds that the doctrine of collateral estoppel applies and the claim amount could not be re-litigated in the bankruptcy. Opinion below.
(S.D. Ind. Feb. 5, 2016)
The district court grants the unopposed motion to withdraw the reference and the motion to dismiss the adversary proceeding with prejudice. The court discusses the standard for withdrawal motions, and finds that the standard is met here. The claims arise out of a contractual relationship outside the bankruptcy and would not be resolved through the claims resolution process. Thus, the bankruptcy court could not issue a final judgment in the matter absent the movant’s consent. Opinion below.