ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on (1) Defendant's Motion for Partial Summary Judgment filed by Richard Vernon Mattson ("Debtor") on November 29, 2019 (Docket No. 30) (the "First Motion"), and (2) Defendant's Second Motion for Partial Summary Judgment filed by Debtor on December 17, 2019 (Docket No. 31) (the "Second Motion"). The Court, having reviewed the First Motion and the Affidavit of Richard...
ORDER DENYING DEBTOR'S MOTION FOR ORDER OF CONTEMPT ROBYN L. MOBERLY , Bankruptcy Judge . This matter came for hearing before the Court on January 6, 2020 on the Debtor's Motion for Order of Contempt, seeking sanctions against National Collegiate Student Loan Trust ("NCT") and its attorneys, Weltman, Weinberg & Reis Co., LPA, ("Weltman") for their alleged willful violations of the discharge injunction. For the reasons stated below, the court denies the motion. Background The debtor...
ORDER GRANTING MOTION TO DISMISS JAMES M. CARR , Bankruptcy Judge . THIS PROCEEDING comes before the Court on Defendants' Motion to Dismiss filed by Marlin Schwartz ("Schwartz"), Artisan Investment Group LLC ("Artisan"), and Creative Funding LLC d/b/a Legacy Assets LLC ("Legacy" and together with Schwartz and Artisan, "Defendants") on March 6, 2019 (Docket No. 15) (the "Motion"). The Court, having reviewed and considered the Motion, Defendants' Brief in Support of Motion to Dismiss...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS PROCEEDING came before the Court for a bench trial on December 17, 2018 (the "Trial"). Plaintiff State of Indiana on the relation of the Indiana Department of Workforce Development ("DWD") appeared by counsel Amanda K. Quick. Defendant Vanessa Rochelle Beckley ("Beckley") appeared by counsel Thomas Scherer. At the conclusion of the Trial, the Court took the proceeding under advisement and invited the parties...
ORDER SUSTAINING OBJECTION TO PROOF OF CLAIM NO. 4 JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Objection to Proof of Claim and Notice of Response Deadline filed by Ernest Ronald Wilkins and Ann Marie Grissom-Wilkins ("Debtors") on July 31, 2019 (Docket No. 30) (the "Objection"), as to Proof of Claim No. 4 (the "Claim") filed by Augusta Green Homeowners Association, Inc. ("Creditor") on June 3, 2019. The Court, having reviewed the Objection, the Claim,...
ORDER AWARDING ACTUAL DAMAGES FOR WILLFUL VIOLATION OF THE AUTOMATIC STAY James M. Carr , United States Bankruptcy Judge . THIS MATTER comes before the Court on the Amended Emergency Motion for Sanctions for Violation of the Automatic Stay filed by Lupae Kathryn Hunsicker ("Debtor") on November 7, 2018 (Docket No. 51) (the "Motion"). The Court, having reviewed the Motion, the Certificate of Compliance filed by the Indiana Department of Revenue ("IDR") on January 16, 2019 (Docket No....
ORDER ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the court for hearing on the Plaintiffs' Motion for Partial Summary Judgment on December 13, 2018 and Defendants' cross motion for Summary Judgment. After excellent oral argument by the parties' attorneys, the court took the matter under advisement. UNCONTESTED FACTS Shelby's Landing — II, L.P. ("Shelby's L.P.", "...
ORDER OVERRULING CREDITOR OBJECTION AND GRANTING DEBTOR'S MOTION TO AVOID JUDICIAL LIEN ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the Court for hearing on January 31, 2019 upon the debtor's Motion to avoid the judicial lien of Kolb, Koellgen & Kirchoff, LLP ("Creditor") and the creditor's objection thereto. For the reasons stated below, the Creditor's objection is overruled, and the debtor's motion is granted. Background Creditor obtained a judgment in the amount of $...
ORDER DENYING MOTION FOR DISTRIBUTION OF REMAINING FUNDS FROM AUCTION SALE JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion for Distribution of Remaining Funds from Auction Sale filed by Bedford Federal Savings Bank ("Bedford") on November 6, 2018 (Docket No. 266) (the "Distribution Motion"), The Peoples State Bank's Joinder in Motion for Distribution of Remaining Funds from Auction Sale filed by The Peoples State Bank ("Peoples") on November 12,...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT JAMES M. CARR , Bankruptcy Judge . THIS PROCEEDING comes before the Court on Defendants' Motion to Dismiss filed by Ronald P. Sullivan and Alicia M. Adcock ("Defendants") on May 23, 2018 (Docket No. 10) (the "Motion") which, pursuant to the Order on Motion to Dismiss entered by the Court on November 5, 2018 (Docket No. 21) (the "Order"), is being treated as a motion for summary judgment. The Court has reviewed and considered the Motion, the...
ORDER DENYING MOTION TO COMPEL ARBITRATION AND DISMISS OR STAY PENDING ARBITRATION Jeffrey J. Graham , United States Bankruptcy Judge . The motion before the Court asks if an arbitration clause in a student loan contract is enforceable in the context of a dischargeability action. For the reasons stated below, the Court answers that question in the negative. JURISDICTION Venue is proper pursuant to 28 U.S.C. 1408 and 1409. The issue of whether a debt is dischargeable is a core matter...
ORDER ON MOTION TO DISMISS JAMES M. CARR , Bankruptcy Judge . THIS PROCEEDING comes before the Court on Defendants' Motion to Dismiss filed by Ronald P. Sullivan and Alicia M. Adcock ("Defendants") on May 23, 2018 (Docket No. 10) (the "Motion"). The Court has reviewed and considered the Motion, the Brief in Support of Defendants Ronald P. Sullivan and Alicia M. Adcock's Motion to Dismiss filed by Defendants on May 23, 2018 (Docket No. 11), Plaintiff/Debtor's Response & Brief in...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on June 11, 2018 (the "Trial"). Plaintiff State of Indiana on the relation of the Indiana Department of Workforce Development ("DWD") appeared by counsel Amanda K. Quick. Defendant Martina Aileen Holmes ("Holmes") appeared by counsel John J. Allman and Chris Baker. At the conclusion of the Trial, the Court took the matter under advisement. The Court, having...
ORDER DENYING CONFIRMATION OF PROPOSED CHAPTER 13 PLAN Robyn L. Moberly , United States Bankruptcy Judge . Debtor, Carole Maria Hoskins ("Debtor"), appeared in person and by counsel, Richard Shea for an evidentiary hearing on Credit Acceptance Corporation's ("Creditor") objection to confirmation of Debtor's proposed Chapter 13 Plan. Dennis Ostrowski represented the Creditor. Hearing was held on August 14, 2018 and the matter was taken under advisement. Parties were given seven (7) days to...
ORDER BASIL H. LORCH, III , Bankruptcy Judge . This matter comes before the Court on the Trustee Objection to Confirmation filed on June 20, 2018 [Docket No. 21] and was fully briefed on August 29, 2018. The issue before the Court is whether 11 U.S.C. 1325(b)(1)(A) requires payment of interest on general unsecured claims where the Chapter 13 plan commits less than all of the Debtors' projected disposable income to the plan. The Court, considering the foregoing pleadings and applicable...
ORDER DENYING DEBTORS' MOTION TO CONVERT Robyn L. Moberly , United States Bankruptcy Judge . The debtors ("Brent" and "Heather" or "the debtors") filed this chapter 7 case on April 6, 2017 as a joint case. The debtors' residence is located at 3421 Bay Road North Drive, Indianapolis, Indiana ("Bay Road property" or "property"). Brent owns this property in fee simple. Heather owns property in fee simple located at 18821 Orleans Court, Noblesville, Indiana. The Orleans Court property was...
ORDER DENYING APPLICATION FOR PAYMENT OF ADMINISTRATIVE EXPENSE and OVERRULING CREDITOR'S OBJECTION TO CONFIRMATION OF THE PLAN ROBYN L. MOBERLY , Bankruptcy Judge . This case involves the question of whether a post-petition residential rent delinquency should be treated as an administrative expense pursuant to 11 U.S.C. 503. This matter was heard on May 15, 2018 on the Application for Payment for Administrative Expenses filed by the creditor, Bruce J. Lentner, ("Creditor"). The matter...
ORDER CONDITIONALLY GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS PURSUANT TO 11 U.S.C. 707(b) JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the United States Trustee's Motion to Dismiss Pursuant to 11 U.S.C. 707(b)(1) and (2) filed by Nancy J. Gargula, United States Trustee ("UST"), on May 31, 2017 (Docket No. 19) (the "Motion"). The Court, having reviewed the Motion, the Objection to United States Trustee's Motion to Dismiss Case for Abuse under...
ORDER GRANTING DEBTOR'S MOTION TO DISMISS, WITH PREJUDICE Robyn L. Moberly , United States Bankruptcy Judge. This matter came before the Court for hearing on the chapter 12 trustee's motion to dismiss with a 180-day bar to refiling and the debtor's motion to dismiss. For the reasons stated below, the court grants the debtor's motion, but does so with prejudice, and imposes a 180-day bar to refiling. The three events most pertinent to this case occurred on August 2, 2017: (1) the debtor,...
ORDER GRANTING WELLS FARGO BANK'S [DEEMED] MOTION FOR SUMMARY JUDGMENT Jeffrey J. Graham , United States Bankruptcy Judge This matter comes before the Court on Defendant Wells Fargo Bank, National Association's ("Wells Fargo") 2 Motion to Dismiss (the "Motion"), wherein Wells Fargo seeks dismissal of Whirlpool Corporation's ("Whirlpool") Verified Complaint for Declaratory and Other Relief (the "Complaint") pursuant to Federal Rule of Bankruptcy Procedure 7012 and Federal Rule of...
