(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)

(Bankr. W.D. Ky. Aug. 2, 2016)

(6th Cir. June 6, 2016)

The Sixth Circuit affirms the B.A.P. and dismisses the appeal for lack of jurisdiction. Following the principal creditor’s objection, the bankruptcy court denied the trustee and debtors’ motion to approve a settlement of a legal malpractice claim held by the estate. The debtors appealed. The court finds that the appealed order was not a final order that could be appealed because the debtors were free to propose a new settlement for approval. Opinion below.

Judge: Kethledge

(Sixth Circuit Apr. 7, 2016)

(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

(7th Cir. Feb. 4, 2016)

The Seventh Circuit affirms the district court’s reversal of the bankruptcy court. The debtor claimed an exemption for a rare first edition Book of Mormon under Illinois’s exemption statutes, which permit an exemption for “a bible.” The trustee argued that the debtor should be permitted only to exempt one of the debtor’s other copies, because the rare copy was worth approximately $10,000 and, the trustee argued, the statute was being misused in this case. The court holds that the plain wording of the statute permitted the claimed exemption. Opinion below.

(E.D. Ky. Oct. 3, 2017)

The district court affirms the bankruptcy court’s interpretation of a final cash collateral order, holding the bankruptcy court did not abuse its discretion in finding a carve-out for payment of professional fees included prepetition collateral of the lenders. The text of the order along with a review of the case record made clear that the parties had agreed the prepetition collateral was included. $2.4 million in fees were awarded. Opinion below.

Judge: Wilhoit

(Bankr. W.D. Ky. July 28, 2017)