ORDER DENYING CREDITOR'S MOTION TO DISMISS OR CONVERT Robyn L. Moberly , United States Bankruptcy Judge This matter came before the Court on November 11, 2014 upon the motion of Abigail Hinchy to dismiss this chapter 7 case or to convert it to a case under chapter 11. For the reasons stated below, the motion is denied. Background Audra Peterson (the "Debtor") and Davion Peterson ("Davion") became engaged in April, 2010 and eventually married. Davion also maintained a relationship with...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on September 23, 2015. Plaintiff National Labor Relations Board ("NLRB") appeared by counsel William R. Warwick, III and Dalford Dean Owens, Jr. Defendant Edward Lee Calvert ("Calvert") appeared pro se . The Court, having reviewed the evidence presented at trial, the Joint Stipulation of Facts filed by Calvert and the NLRB on September 16, 2015 (Docket No. 46),...
ORDER DENYING MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion to Dismiss Plaintiff's Amended Complaint filed by Benjamin Drew Robinson ("Defendant") on September 23, 2015 (Docket No. 13) and the accompanying Brief in Support of Defendant's Motion to Dismiss Plaintiff's Amended Complaint filed by Defendant on September 23, 2015 (Docket No. 14) (collectively, the "Motion"), Plaintiff's Opposition to...
ORDER DENYING MOTION TO RECONSIDER FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion to Reconsider Findings of Fact and Conclusions of Law filed by Richard Burge ("Defendant") on December 16, 2015 (Docket No. 40) (the "Motion"). The Court, being duly advised, now DENIES the Motion. Ind. Code 22-4-17-2(a), made applicable to this case by Ind. Code 22-4-13-1.1.(c), requires an individual to dispute the...
JUDGMENT JAMES M. CARR , Bankruptcy Judge . Trial in this matter was held on August 19, 2015 (the "Trial"). Plaintiff Indiana Department of Workforce Development ("Plaintiff") appeared by counsel Maricel Skiles, Heather Crockett, and Spencer Tanner. Defendant Richard Burge ("Defendant") appeared in person and by counsel Keith Gifford. In accordance with the Findings of Fact and Conclusions of Law entered contemporaneously herewith, it is HEREBY ORDERED, ADJUDGED AND DECREED that judgment...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on August 19, 2015. Plaintiff Indiana Department of Workforce Development ("DWD") appeared by counsel Maricel Skiles, Heather Crockett, and Spencer Tanner. Defendant Richard Burge ("Burge") appeared in person and by counsel Keith Gifford. At the conclusion of the trial, the Court invited post-trial briefs to be filed by October 5, 2015 and then took the matter...
NOTICE OF ENTRY OF DISMISSAL OF BANKRUPTCY CASE NOTICE IS GIVEN that this case was dismissed by an Order of the Court dated November 10, 2015. To obtain relief from the dismissal order, a Motion for Relief from Judgment or Order, pursuant to Fed.R.Bankr.P. 9024, must be filed. Any document missing at the time of the dismissal must be filed with the motion, or the motion will be denied. If this case has been dismissed for failure to pay a filing fee or an installment fee, the remaining...
JUDGMENT BASIL H. LORCH, III , Bankruptcy Judge . This matter was initiated by the filing of a Complaint to (I) Avoid Preferential and Fraudulent Transfers and to Recover Property Pursuant to 11 U.S.C. 547, 548 and 550; and (II) Disallow Claims Pursuant to 11 U.S.C. 502(d) on July 27, 2012, and came before the Court on the Amended Motion for Summary Judgment (Doc. # 28) filed by the Defendant on June 19, 2014. The Court, having this date entered an Order Granting the Defendant's...
ORDER ON DEFENDANT'S AMENDED MOTION FOR SUMMARY JUDGMENT Basil H. Lorch III , United States Bankruptcy Judge . This matter involves a dispute between the Plaintiff, James A. Knauer, Chapter 11 Trustee for Eastern Livestock Co., LLC. ["Trustee"] and the Defendant, Gary Krantz ["Krantz"] regarding payment for certain livestock delivered on or about October 15, 2010. The Trustee brought this adversary proceeding against Krantz on July 27, 2012, alleging preferential or fraudulent transfers...
