MEMORANDUM IN SUPPORT OF JUDGMENT BASIL H. LORCH, III , Bankruptcy Judge . This adversary proceeding was initiated on October 15, 2014, by the filing of a Complaint to adjudicate the rights of multiple parties to certain insurance proceeds due as a result of a fire that occurred at a restaurant operated by the Plaintiff, Sam's NA, Inc. (the "Plaintiff"), on or about December 9, 2013. Plaintiff settled with the U.S. Small Business Association and with Blackstone Capital. The controversy...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO CONFIRMATION JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Trustee's Objection to Confirmation (Docket No. 26) filed by Ann M. DeLaney ("Trustee") on June 13, 2016 (the "Objection"). The Court, having reviewed the Objection, having received evidence and heard the arguments of counsel for Michael David Smith ("Debtor") and for Trustee at a hearing on September 1, 2016, having reviewed all pre-hearing and post-hearing...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on June 13, 2016. Plaintiff State of Indiana on the relation of the Indiana Department of Workforce Development ("DWD") appeared by counsel Maricel E.V. Skiles and Spencer Tanner. Defendant Chanda Smith ("Smith") appeared by counsel Jeffrey A. Hokanson and Cathleen D. Wyatt. At the conclusion of the trial, the Court took the matter under advisement and invited DWD...
ORDER OVERRULING CREDITOR'S OBJECTION TO CONFIRMATION ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the Court for hearing on June 13, 2016 upon the objection filed by Meghan Huffman ("Meghan") to confirmation of the debtor's chapter 13 plan. For the reasons stated below, the Court overrules the objection. Background The debtor and Meghan were married and Meghan filed for divorce in 2014. Meghan and the debtor entered into an agreement denominated a "Decree and Property...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS BASIL H. LORCH III , United States Bankruptcy Judge . The Trustee, James A. Knauer (the "Trustee") initiated this adversary proceeding on May 1, 2013, by filing the original complaint (the "Original Complaint") which was later amended (the "Amended Complaint") on July 10, 2014. It now comes before the Court on a Motion to Dismiss (Doc. 57) which was filed by Defendant, Stephen N. Kitchens ("Kitchens") on August 4, 2014. The matter was fully...
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 Indiana Department of Workforce Development ("DWD") on December 24, 2015 (Docket No. 43) (the "Motion"). The Court, having reviewed the Motion, the Findings of Fact and Conclusions of Law entered on December 16, 2015 (Docket No. 39), and the Transcript of Trial (Docket No....
ORDER ON TRUSTEE'S OBJECTION TO CONFIRMATION BASIL H. LORCH, III , Bankruptcy Judge . This matter came before the Court on the Trustee's Objection to Confirmation of the Plan [Docket No. 23] which was filed on August 14, 2015, in response to the Debtor's proposed Chapter 13 Plan which was filed on July 28, 2015. The Court conducted a Confirmation Hearing on September 16, 2015, subsequent to which the Debtors and the Trustee filed post-hearing briefs on October 7 and 27, respectively....
ORDER DENYING UNITED STATES TRUSTEE'S MOTION TO DISMISS CASE BASIL H. LORCH, III , Bankruptcy Judge . This matter comes before the Court on the Motion to Dismiss Case (Doc. 14) filed by the United States Trustee (the "UST") on April 30, 2015 and the Objection to Motion to Dismiss Case (Doc. 19) filed by Debtor Wilma L. Horn (the "Debtor") on June 3, 2015. The Court conducted a hearing on the motion to dismiss on June 10, 2015, at which the Court took the matter under advisement and...
