DECISION AND ORDER REGARDING SANCTIONS Robert E. Grant , Chief Judge , United States Bankruptcy Court. Elihu Root 1 is reputed to have said: "About half of the practice of a decent lawyer is telling would-be clients that they are damned fools and should stop." See, McCandless v. Great Atlantic and Pacific Tea Co., Inc., 697 F.2d 198 , 201-02 (7th Cir.1983). This matter is before the court because debtor's counsel, Mr. Sees, did not follow that advice and the trustee now seeks to have...
DECISION AND ORDER DENYING MOTION TO RECONSIDER ROBERT E. GRANT , Chief Judge . Carrington Mortgage Services has filed a motion to reconsider the court's decision and order of October 21, 2015 denying its motion to withdraw or amend admissions, along with a separate brief in support thereof, as required by the court's local rules. See , N.D. Ind. L.B.R. B-7001-1. The motion, which may be considered without requiring a response, Dunn v. Truck World, Inc. , 929 F.2d 311 , 313 (7th Cir....
DECISION AND ORDER OVERRULING OBJECTION ROBERT E. GRANT , Chief Judge . The debtor has objected to the trustee's final report and proposed distribution. The only focus of that objection is how the estate is being distributed as to various creditors and administrative expenses. Although the debtor previously filed objection to these claims, including those for administrative expenses, all of her objections have been overruled for various reasons. See , Order Overruling Objection to Claim...
DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ROBERT E. GRANT , Bankruptcy Judge . The debtor filed this adversary proceeding in order to obtain a declaration that his continuing liability on student loans owed to the defendants would constitute an undue hardship and, therefore, the obligations should be discharged. See, 11 U.S.C. 523(a)(8). Although not originally named as a party, Educational Credit Management Corporation (ECMC) requested and was permitted to intervene. The...
DECISION AND ORDER OVERRULING OBJECTION ROBERT E. GRANT , Bankruptcy Judge . The trustee in this chapter 7 case has filed a motion for turnover, asking that the debtor be directed to turnover to him any "payments [received] on the judgment against her ex-husband, Dennis Long" and a list of the property awarded to her in the divorce. Mr. Long has filed a pro se objection to the motion. 1 Mr. Long is not the debtor or the one to whom the motion is directed. Neither does he appear to be a...
DECISION AND ORDER OVERRULING OBJECTION ROBERT E. GRANT , Bankruptcy Judge . The debtor has objected to the trustee's final report and proposed distribution. The only focus of that objection is how the estate is being distributed as to various creditors and administrative expenses. Although the debtor previously filed objection to these claims, including those for administrative expenses, all of her objections have been overruled for various reasons. See , Order Overruling Objection to...
DECISION AND ORDER OVERRULING LIMITED OBJECTION TO CLAIM ROBERT E. GRANT , Chief Bankruptcy Judge . On July 21, 2015. The debtor in this Chapter 13 case has filed a "limited objection" to a claim filed by Huntington National Bank. The essence of the objection is that the bank had a secured claim of approximately $16,000, of which the trustee paid approximately half (plus interest) and a third party has paid the remaining balance. As a result, the court has been asked to enter an order "...
DECISION AND ORDER ON MOTION TO RESTRICT ACCESS ROBERT E. GRANT , Chief Bankruptcy Judge . On August 10, 2015 U.S. Bank has filed a motion to restrict access to filings it previously made because they contain personally identifiable information. The motion may only be granted in part because it fails to comply with Bankruptcy Rule 9013, which requires motions to state both the relief sought and the grounds therefor with particularity. Fed. R. Bankr. P. Rule 9013. While the motion sets...
DECISION AND ORDER ON MOTION TO RESTRICT ACCESS ROBERT E. GRANT , Chief Bankruptcy Judge . U.S. Bank has filed a motion to restrict access to filings it previously made because they contain personally identifiable information. The motion may only be granted in part because it fails to comply with Bankruptcy Rule 9013, which requires motions to state both the relief sought and the grounds therefor with particularity . Fed. R. Bankr. P. Rule 9013. While the motion sets out the grounds for...
