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    Liebzeit v. Intercity State Bank, FSB (In re Blanchard)
    2016-04-18

    (7th Cir. Apr. 14, 2016)

    The Seventh Circuit applies Wisconsin state law and holds that a mortgage can attach a lien to a vendor’s interest in a real estate contract and that the lender perfected the lien by recording in the county land records rather than filing a UCC-1 financing statement. The trustee is unable to avoid the lien. Opinion below.

    Judge: Hamilton

    Attorneys for Trustee: Michael F. Dubis, Christopher R. Schultz

    Attorneys for Appellees: Ruffi Law Offices, Sara Lynn Ruffi, Lund Law Office, Brad M. Lund

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Direct Capital Corporation v. Steele (In re Steele)
    2016-04-13

    (Bankr. S.D. Ind. April 11, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Bush v. United States (In re Bush)
    2016-04-11

    (Bankr. S.D. Ind. Apr. 8, 2016)

    The bankruptcy court addresses whether certain tax penalty claims are dischargeable. The court finds certain penalties are dischargeable because they arose out of tax returns filed outside the three-year window provided in 11 U.S.C. § 523(a)(7). However, other penalties were not dischargeable because they arose out of a tax return filed within the three-year window. Opinion below.

    Judge: Carr

    Attorney for Debtors: Camden & Meridew, P.C., Julie A. Camden

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Gandy v. Schuchardt (In re Gandy)
    2016-04-11

    (Sixth Circuit Apr. 7, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Siragusa v. Collazo (In re Collazo)
    2016-04-07

    (7th Cir. Apr. 5, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Hollowell v. Chase Home Finance
    2016-04-07

    (N.D. Ind. Apr. 5, 2016)

    The district court grants the defendants’ motion to dismiss the appeal for being untimely. The debtor filed his notice of appeal outside the 14-day period. Upon the defendants’ motion to dismiss the appeal, the debtor filed a motion to extend the deadline to file the notice of appeal, but that motion was also untimely. Opinion below.

    Judge: Simon

    Debtor: Pro Se

    Attorneys for Defendants: Dykema Gossett PLLC, Louis S. Chronowski, Maria A. Diakoumakis

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Indiana Department of Workforce Development v. Coulter (In re Coulter)
    2016-04-11

    (Bankr. S.D. Ind. Apr. 8, 2016)

    The bankruptcy court rules that the government’s claim for penalties incurred by the debtor for false representations in unemployment benefit applications are not dischargeable. The debtor conceded that the debt for repayment of benefits was not dischargeable but disputed that the penalties imposed were dischargeable. The court finds that the penalties arose out of the fraudulent representations and thus were not dischargeable pursuant to 11 U.S.C. § 523(a)(2). Opinion below.

    Judge: Lorch

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Woodson v. Ausmus
    2016-04-04

    (W.D. Ky. Mar. 31, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Tomlin v. Bank of New York Mellon (In re Tomlin)
    2016-04-04

    (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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Bank of New York Mellon, Fair Credit Reporting Act 1970 (USA), United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Leonard v. RDLG, LLC (In re Leonard)
    2016-04-04

    (6th Cir. Mar. 28, 2016)

    The Sixth Circuit affirms the order granting summary judgment to the creditor, finding a debt nondischargeable under 11 U.S.C. § 523(a)(2)(A). Summary judgment was appropriate because the debtor was collaterally estopped from defending against the fraud claim. The creditor had obtained a default judgment against the debtor, post-petition, in another court as a sanction. The court holds that the entry of the default judgment was not a violation of the automatic stay. Opinion below.

    Judge: Boggs

    Attorney for Debtor: Jonathan Rudman Bunn

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Fraud, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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