DECISION ON TRUSTEE'S MOTION TO DISMISS ROBERT E. GRANT, Chief Judge. This chapter 13 case was filed on August 6, 2009 and the debtors' proposed plan was confirmed on October 15, 2009. According to the terms of the plan, the debtors were to make payments for 36 months. That time period has run, which would ordinarily result in a request for the entry of a discharge. The trustee has, however, filed a motion to dismiss because the debtors did not disclose significant changes in their income...
DECISION ON MOTION TO DISMISS ROBERT E. GRANT, Chief Judge. When it revised the Bankruptcy Code in 2005, Congress made significant changes to 707(b) concerning the dismissal of a consumer debtor's chapter 7 case. See, 11 U.S.C. 707(b)(1)-(6). Among other things: it eliminated the presumption in favor of granting relief and reduced the standard for dismissal from "substantial abuse" to simply "an abuse," 11 U.S.C. 707(b)(1); it then quantified the concept of "abuse" by creating a...
DECISION ON MOTIONS FOR ADMINISTRATIVE CLAIMS ROBERT E. GRANT, Chief Judge. The debtor in this chapter 11 case operates a dairy farm in northwest Ohio. As part of that operation, it entered into agreements with five brothers — Louis, Dennis, Roger, John and Matt Niese — for silage. The first of these was a silage agreement by which one or more of the Niese brothers would grow a specified number of acres of corn silage for the debtor, and the debtor was to pay the agreed upon price (which was...
DECISION ON MOTION TO SET ASIDE DEFAULT JUDGMENT ROBERT E. GRANT, Chief Judge. A default judgment was entered against the debtor in this adversary proceeding on June 12, 2012. That judgment did two things. It revoked the debtor's discharge because he had refused to comply with a turnover order, see, 11 U.S.C. 727(d)(3), (a)(6)(A), and it entered a money judgment against him in the sum of $2,839, the amount the turnover order required him to pay the trustee. 1 The debtor has since...
DECISION AND ORDER GRANTING MOTION IN LIMINE ROBERT E. GRANT, Bankruptcy Judge. At Fort Wayne, Indiana, on November 14, 2013 Rule 26(a) of the Federal Rules of Civil Procedure requires litigants to voluntarily disclose certain information to the other parties to the action. The purpose for doing so is to expedite discovery. Fed. R.Civ.P. Rule 26(a)(1) Advisory Committee Note of 1993. Among other things, they are supposed to provide: (a) Required Disclosures. (1) Initial Disclosure. (A)...
DECISION ROBERT E. GRANT, Chief Judge. Jeff and Theresa Radabaugh are the owners of both the debtor and the plaintiff. Prior to the involuntary petition initiating the underlying bankruptcy case, the debtor fraudulently transferred two parcels of real estate to Theresa Radabaugh. The trustee successfully avoided those transfers pursuant to 548 of the Bankruptcy Code and, through 544(a), Indiana's Uniform Fraudulent Transfer Act. See, Roach v. Radabaugh, Case No. 07-11754, Adv. Pro. No....
