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    Indiana District Court Declines to Read Restrictions into Section 546(e) Securities Contract Safe Harbor
    2023-05-23

    On May 2, 2023, the US District Court for the Southern District of Indiana reversed a bankruptcy court’s ruling that read limitations into the application of Bankruptcy Code Section 546(e)’s safe harbor to a stock purchase transaction. Specifically, the District Court relied on the plain language of Section 546 in determining that a chapter 7 trustee could not avoid the transfer of $24.9 million by the debtor to repay a bridge loan in connection with a financed acquisition of the debtor’s stock two years prior to its bankruptcy filing.

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Hunton Andrews Kurth LLP, Bank of Montreal Financial Group, Supreme Court of the United States
    Authors:
    Justin F. Paget , Jennifer E. Wuebker
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Court Finds Consumer Has Standing to Pursue FDCPA Claim Based on Collection Letter Sent After Bankruptcy
    2019-11-01

    In Kinnick v. Med-1 Solutions, LLC, the District Court for the Southern District of Indiana found that sending a collection letter to a bankruptcy debtor provided that debtor with standing to file a claim based on the Fair Debt Collection Practices Act against the creditor outside of the bankruptcy case.

    Filed under:
    USA, Indiana, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Jared D. Bissell , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Renner v. U.S. Bank National Association (In re Renner)
    2017-10-30

    (Bankr. S.D. Ind. Oct. 20, 2017)

    The bankruptcy court dismisses the debtor’s complaint against the lender, which asserted claims related to the lender’s foreclosure of its mortgage lien in state court. The court dismisses the stay violation claim, because the property was not property of the estate at the time of the alleged acts, and dismisses the remaining claims because the court lacks subject-matter jurisdiction. Opinion below.

    Judge: Carr

    Attorney for Debtor: Sawin, Shea & Des Jardines LLC, J. Andrew Sawin

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Harlan v. Nebraska Alliance Realty Company (In re Harlan)
    2017-10-23

    (Bankr. S.D. Ind. Oct. 19, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Gargula v. Cox (In re Cox)
    2017-09-13

    (Bankr. S.D. Ind. Sep. 7, 2017)

    The bankruptcy court enters judgment in favor of the debtor, granting a discharge in her bankruptcy case. The U.S. Trustee brought the action under § 727(a)(2)(B) and (a)(4)(A), alleging the debtor intentionally failed to disclose $5,000 she held in a lockbox on the petition date. The Court finds the debtor did not have the requisite intent and was unsure of what she was supposed to do at the 341 meeting based on a misunderstanding or miscommunication with her lawyer. Opinion below.

    Judge: Carr

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Stapp
    2017-08-24

    (Bankr. S.D. Ind. Aug. 21, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Savino v. Dodd (In re Dodd)
    2017-07-18

    (Bankr. S.D. Ind. July 14, 2017)

    The bankruptcy court denies the creditor’s motion for summary judgment in this nondischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). The creditor argued the debtor should be collaterally estopped from defending based on a prepetition judgment entered against the debtor. The court concludes that the issues were not “fairly and fully litigated” in the state court, and thus summary judgment based on collateral estoppel is not appropriate. Opinion below.

    Judge: Moberly

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Walro v. Hatfield (In re Lee)
    2017-06-29

    (S.D. Ind. June 27, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Renner v. U.S. Bank National Association (In re Renner)
    2017-06-29

    (Bankr. S.D. Ind. June 26, 2017)

    The bankruptcy court dismisses without prejudice the debtor’s complaint against a foreclosing creditor because the court concludes it lacks subject matter jurisdiction. The debtor filed the complaint alleging numerous causes of action, including violations of the automatic stay. However, the alleged acts occurred at a time when the subject property was no longer property of the estate. Opinion below.

    Judge: Carr

    Attorneys for Debtor: Sabin, Shea & Des Jardines LLC, J. Andrew Sabin

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Levin v. Paige (In re Stein)
    2017-06-06

    (S.D. Ind. June 2, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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