(Bankr. S.D. Ind. Feb. 2, 2017)

The bankruptcy court makes additional findings of fact following the appeal and remand. The court’s original judgment stands, as the court concludes again that the plaintiff failed to prove that the debtor should have known of the fraud committed with his accounts. Opinion below

Prior opinion summary: click here

Judge: Carr

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

(Bankr. S.D. Ind. Oct. 19, 2016)

The bankruptcy court enters judgment in favor of the plaintiff in this adversary proceeding arising from a transaction involving the sale of a restaurant and associated assets. The court finds that rights in the purchase agreement were effectively assigned to the plaintiff, and the purchase agreement should be reformed to reflect the proper selling party. Further, the court finds that various defendants are liable to the plaintiff on breach of warranty, conversion, and other claims. Opinion below.

Judge: Lorch

(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

(N.D. Ind. Sept. 14, 2016)

(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

(Bankr. S.D. Ind. Mar 15, 2016)

The bankruptcy court denies the department’s motion to reconsider the judgment finding the debtor was entitled to a discharge of the debt to the department. Opinion below.

Judge: Carr

Attorneys for Department: Office of the Indiana Attorney General, Heather M. Crockett, Maricel E.V. Skiles, Spencer W. Tanner

Attorneys for Debtor: Redman Lugwig, Keith Eirik Gifford

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

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

Walro v. The Lee Group Holding Co., LLC (In re Lee), 524 B.R. 798 (Bankr. S.D. Ind. 2014) –

A chapter 7 trustee sought a court determination that (1) a debtor’s voting rights in a limited liability company (LLC) were property of the bankruptcy estate, and (2) other members of the LLC violated the automatic stay by taking action to remove the debtor as a member and terminating his voting rights.