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    Cardwell v. Hester (In re Hester)
    2016-10-12

    (Bankr. W.D. Ky. Oct. 11, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Jackson
    2016-08-08

    (6th Cir. B.A.P. Aug. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    The Unsecured Creditors Committee of Sparrer Sausage Company, Inc. v. Jason’s Foods, Inc
    2016-06-10

    (7th Cir. June 10, 2016)

    The Seventh Circuit reverses, holding the bankruptcy court applied too narrow of a baseline payment range to the creditor’s ordinary course defense in this preference action. While this court agreed that there were a few payments outside the ordinary course, the new value defense applied to completely offset those payments. Opinion below.

    Judge: Sykes

    Attorneys for Appellant: Nixon Peabody LLP, Richard Scott Alsterda, Theodore Eric Harman

    Attorneys for Appellee: Clark Hill PLC, Pamela Joy Leichtling, Scott N. Schreiber

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, 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
    Irvin v. Faller (In re Faller)
    2016-03-18

    Irvin v. Faller (In re Faller)

    (Bankr. W.D. Ky. Mar. 17, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Abuse of process, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    BAPCPA 10 Years Later: the Effectiveness and Necessity of Bankruptcy Reforms Remain In Question
    2016-02-05

    In April 2005, the Bankruptcy Abuse Prevention Consumer Protection Act (“BAPCPA”) was signed into law, representing the most extensive revisions to the bankruptcy code in 35 years. The BAPCPA was the product of more than a decade of legislative efforts. Its stated purpose was to curb perceived consumer abuse of the bankruptcy system. At the time of its enactment, many bankruptcy practitioners, judges and others questioned whether such a drastic change to the law was necessary and expressed concern about the impact the BAPCPA would have on consumers and the system as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Consumer protection
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Dickson
    2017-12-04

    (Bankr. E.D. Ky. Nov. 22, 2017)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Brooks v. Key Bank (In re Brooks
    2017-09-25

    (Bankr. S.D. Ind. Sep. 14, 2017)

    The bankruptcy court grants the university’s motion for summary judgment, determining that the student loan debt is nondischargeable. The debtor filed the adversary proceeding alleging repayment would present an undue hardship. The debtor did not respond to the university’s motion and failed to present any evidence to satisfy the Brunner test. Opinion below.

    Judge: Carr

    Attorney for Debtor: Eric C. Redman, Redman Ludwig PC

    Attorney for University: Constantine Alexander Hortis, Maryland Attorney General

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Carroll v. Takada
    2017-07-21

    (7th Cir. July 18, 2017)

    The Seventh Circuit affirms the bankruptcy court’s order sustaining the trustee’s objection to the debtors’ $30,000 exemption in trust assets. The debtors argued the spendthrift provisions in the trust prevented the interest from becoming property of the estate. The court holds that the trust interest fully vested before the debtors filed bankruptcy. An exemption was inappropriate and the interest was property of the estate. Opinion below.

    Judge: Sykes

    Attorney for Debtors: Julia D. Mannix

    Attorney for Trustee: Zane Zielinski

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Stroud v. Parker (In re Parker)
    2017-05-16

    (Bankr. W.D. Ky. May 12, 2017)

    The bankruptcy court enters summary judgment against the debtor holding the debt nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The plaintiffs inherited a judgment against the debtor that was based on the debtor’s theft of the decedent’s property. The plaintiffs were the proper parties to bring the claim, as the decedent’s estate assigned the judgment to them, and the requirements of § 523(a)(4) were satisfied. Opinion below.

    Judge: Lloyd

    Attorneys for Plaintiffs: Crain – Schuette Attorneys, Amanda Lisenby Blakeman

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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