(Bankr. E.D. Ky. Nov. 1, 2016)

The bankruptcy court grants the debtor’s motion for summary judgment in this 11 U.S.C. § 523(a)(6) nondishargeability action. The plaintiff alleged the debtor willfully and maliciously injured the plaintiff, but failed to offer any evidence that would create a material factual dispute as to the debtor’s intent with respect to actions that gave rise to a prepetition judgment against the debtor. The court finds summary judgment in favor of the debtor is appropriate. Opinion below.

Judge: Wise

(Bankr. E.D. Ky. Sept. 14, 2016)

(7th Cir. June 23, 2016)

The Seventh Circuit reverses the bankruptcy court, concluding that the bankruptcy code permits modification of a confirmed Chapter 13 plan based on increased income post-confirmation. While the code does not expressly permit modification on this basis, other courts have permitted this. The trustee had filed a motion to increase the debtors’ plan payments based on an alleged $50,000 post-confirmation increase in the debtors’ annual income. Opinion below.

Judge: Adelman

Attorney for Debtor: Eugene Wedoff

(Bankr. E.D. Ky. May 9, 2016)

The bankruptcy court grants the trustee’s motion to dismiss the creditors’ adversary proceeding. The claims asserted by the creditors were property of the estate and thus the trustee has the exclusive right to assert the claims. Opinion below.

Judge: Wise

Attorneys for Trustee: Foley & Lardner LLP, Geoffrey S. Goodman, David B. Goroff

Attorneys for Plaintiffs: Akin Gump Strauss  Hauer & Feld LLP, Robert J. Boller, Douglas A. Rappaport, Taft, Stettinius & Hollister LLP, Casey M. Cantrell Swartz, W. Timothy Miller

(Bankr. E.D. Ky. Mar. 31, 2016)

The bankruptcy court grants in part and denies in part the defendants’ motions to dismiss and for summary judgment. The debtor asserted numerous claims under the Fair Credit Reporting Act (“FCRA”) and related state law causes of action in his complaint. The court finds the debtor does not have standing to assert certain claims under FCRA. The court also addresses issues of preemption under FCRA and various statutes of limitations. Opinion below.

Judge: Wise

Debtor: Pro Se

(Bankr. S.D. Ind. Feb. 16, 2016)

(E.D. Ky. Oct. 6, 2017)

The district court affirms the bankruptcy court’s order granting the trustee’s motion to dismiss the complaint. The trustee has the exclusive right to pursue claims asserted in the complaint. The appellant’s arguments that the lawsuits were distinct are rejected. If the appellant and trustee could both pursue the claims there would be a significant chance of a double recovery. Opinion below.

Judge: Wilhoit

(Bankr. W.D. Ky. Aug. 10, 2017)

The bankruptcy court denies the U.S. Trustee’s motion to enter an order for sanctions and requiring disgorgement of fees. The attorney had provided advice to the debtor about the petition and schedules that the debtor had drafted. The attorney was not aware that a bankruptcy was filed until he received the U.S. Trustee’s motion. The court declines to grant the relief requested under these circumstances. Opinion below.

Judge: Lloyd

(Bankr. E.D. Ky. June 21, 2017)

The bankruptcy court grants the defendant’s motion to dismiss the trustee’s complaint, which sought to avoid transfers from debtors to the defendant. The complaint failed to state a claim, in part because the defendant could not be deemed an “insider” of the debtor. The court additionally finds that the complaint contains insufficient facts to support various other claims. Opinion below.

Judge: Wise

Attorneys for Trustee: Bingham Greenbaum Doll LLP, Claude R. Bowles, Jr., Daniel J. Donnellon, James R. Irving, April A. Wimberg

(Bankr. W.D. Ky. Apr. 11, 2017)