(Bankr. E.D. Ky. Mar. 7, 2016)
(Bankr. W.D. Ky. Mar. 8, 2016)
The bankruptcy court sustains the debtors’ objection to the creditor’s claim. The court determines that the creditor failed to establish that the transaction with the debtors was intended as a loan. Instead, the parties had formed a partnership with the creditor making capital contributions, rather than loans. Opinion below.
(6th Cir. B.A.P. Mar. 3, 2016)
(7th Cir. Mar. 4, 2016)
(6th Cir. B.A.P. Mar. 3, 2016)
(Bankr. S.D. Ind. Feb. 24, 2016)
(Bankr. W.D. Ky. Feb. 18, 2016)
(Bankr. W.D. Ky. Feb. 16, 2016)
(Bankr. S.D. Ind. Feb. 16, 2016)
(S.D. Ind. Feb. 8, 2016)
The district court affirms the bankruptcy court’s decision holding that the debtor was collaterally estopped from challenging the amount of the mortgage lender’s claim. The lender had obtained judgment in a prepetition state court foreclosure action, in which the debtor had presented the same arguments regarding the loan balance calculation. The district court finds that the doctrine of collateral estoppel applies and the claim amount could not be re-litigated in the bankruptcy. Opinion below.