(Bankr. S.D. Ind. April 11, 2016)
Irvin v. Faller (In re Faller)
(Bankr. W.D. Ky. Mar. 17, 2016)
(S.D. Ind. Feb. 3, 2016)
(Bankr. E.D. Ky. Oct. 4, 2017)
The bankruptcy court grants in part the debtor’s motion to avoid a judicial lien on two parcels of real property. Applying the formula in 11 U.S.C. § 522(f), the court determines that the debtor’s exemption is impaired with respect to one parcel but not the other. Opinion below.
Judge: Schaaf
Attorneys for Debtor: Michael B. Baker, James R. Westenhoefer
Attorneys for Creditor: DelCotto Law Group PLLC, Sara A. Johnston
(Bankr. E.D. Ky. Aug. 4, 2017)
(S.D. Ind. June 2, 2017)
(Bankr. E.D. Ky. Mar. 24, 2017)
The bankruptcy court grants in part and denies in part the defendant’s motion to dismiss in this fraudulent and preferential transfer avoidance action. The trustee’s amended complaint failed to state claims based on certain transfers, but did state a preferential transfer claim.
Judge: Wise
Attorneys for Trustee: Bingham Greenebaum Doll LLP, Claude R.Bowles, Jr., Daniel J. Donnellon, Alex S. Rodger
Attorneys for Defendant: Ross M. Bagley, Gideon Cashman, Eric M. Fishman, Adam R. Kegley
(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. E.D. Ky. Dec. 6, 2016)
(Bankr. W.D. Ky. Oct. 3, 2016)