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...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Robyn L. Moberly , United States Bankruptcy Judge . This case involves a matter of first impression regarding a chapter 13 debtor's rights in the tax surplus fund provided for in Ind. Code 6-1.1-24-7. It is before the Court on the Motion for Summary Judgment filed by the plaintiff, Rehea Dawn Harlan (the "debtor'") and a Motion for Judgment on the Pleadings filed by defendants...
ORDER GRANTING MOTION TO DISMISS JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion to Dismiss Complaint for Lack of Subject-Matter Jurisdiction filed by U.S. Bank National Association ("Bank") on August 17, 2017 (Docket No. 40) (the "Motion"). The Court, having reviewed the Motion and Defendant U.S. Bank National Association's Brief in Support of Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed on August 17, 2017 (Docket No. 41) (the "...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on February 8, 2017. Plaintiff Nancy J. Gargula, United States Trustee ("UST"), appeared by counsel Jeannette Eisan Hinshaw. Defendant Abbegail Lynn Cox ("Debtor") appeared by counsel Joseph L. Mulvey. At the conclusion of the trial, the Court took the matter under advisement. The Court, having reviewed the evidence presented at the trial, Defendant's Pre-Trial...
ORDER GRANTING MOTION FOR LEAVE TO FILE A 523(a)(3)(B) COMPLAINT ONLY ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the Court on July 17, 2017 for hearing on the Motion for Leave to File Complaint Objecting to Dischargeability of Debt and Discharge of Debtors filed by Honda Manufacturing of Indiana, LLC ("Honda"). For the reasons stated below, the court finds that the motion should be granted, but with the caveat that Honda shall be allowed to file a complaint under 523(a)(...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBYN L. MOBERLY , Bankruptcy Judge . The plaintiff, Brian Savino ("Savino"), filed his motion for summary judgment, asking this court to find that certain findings made by Texas trial and appellate courts collaterally estop the defendant, Michael Dodd ("Dodd") from litigating elements of Savino's complaint seeking nondischargeability under 523(a)(2)(A), (4) and (6). Both parties have filed their briefs and designations of record. 1...
ORDER GRANTING MOTION TO DISMISS JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion to Dismiss Complaint filed by Five Brothers Mortgage Company Services and Securing Inc. ("Five Brothers") on September 28, 2016 (Docket No. 21) (the "Motion"). The Court, having reviewed the Motion, the Brief in Support of Motion to Dismiss Complaint filed by Five Brothers on September 28, 2016 (Docket No. 21-1), the Brief in Opposition to Motion to Dismiss Complaint...
ORDER ON DEBTORS' MOTION FOR ORDER OF CONTEMPT BASIL H. LORCH, III , Bankruptcy Judge . This matter came before the Court on the Debtors' Motion for Order of Contempt Against the Indiana Department of Workforce Development for Violation of Discharge Injunction [Docket No. 33] filed on February 17, 2017. The Indiana Department of Workforce Development ("IDWD") filed an Objection and Response to the foregoing on March 13, 2017. A hearing was held on March 15, 2017, at which time the...
ORDER GRANTING MOTION FOR 11 U.S.C. 1328(b) HARDSHIP DISCHARGE JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on the Motion for 11 U.S.C. 1328(b) Hardship Discharge filed by Cinda S. Dior (the "Debtor") on November 11, 2016 (Docket No. 29) (the "Motion") and Trustee's Objection to Debtor's Motion for Hardship Discharge filed by John M. Hauber, chapter 13 trustee (the "Trustee"), on December 29, 2016 (Docket No. 41) (the "Objection"). The Court, having reviewed...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER came before the Court for a bench trial on January 17, 2017. Plaintiff, Community First Bank of Indiana ("CFB" or "Bank"), appeared by counsel Anthony R. Jost and Elizabeth C. Green. Defendant, Courtney P. Galyan ("Galyan"), appeared by counsel KC Cohen. At the conclusion of the trial, the Court took the matter under advisement and invited the parties to submit proposed findings of fact and conclusions...
ORDER on MOTION TO DISMISS FILED BY DEFENDANTS AGS CAPITAL, LLC, TERRI L. SYMONS AND ALAN G. SYMONS ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the Court on February 9, 2017 for hearing upon the motion filed by defendants AGS Capital, LLC, Terri Symons and Alan Symons to dismiss certain counts of the Plaintiff's complaint under Fed. R. Civ. P. 12(b)(1) and (6), applicable to this adversary proceeding by Fed. R. Bankr. P. 7012. Defendant Breath of Life 02, LLC has joined...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Summary Judgment on the Entirety of Plaintiff's Complaint to Determine Dischargeability Pursuant to 11 U.S.C. 523 and Designation of Evidence in Support Thereof filed by Dennis Hunt ("Hunt") on August 26, 2016 (Docket No. 9) (the "Motion"), Plaintiff's Memorandum of Law in Support of Motion for Summary Judgment filed on August 26, 2016 (Docket No....
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . This adversary proceeding came before the Court for a trial on November 14, 2016. Plaintiff Daniel Lee Hovious ("Hovious") appeared by counsel Mark S. Zuckerberg. Defendant Bridgewater Homeowners Association, Inc. ("Bridgewater" or "HOA") appeared by counsel Stephen R. Donham and Jeffrey M. Bellamy. At the conclusion of the trial, the Court took the matter under advisement, with the parties invited to submit post-...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ALL COUNTS OF PLAINTIFF'S AMENDED COMPLAINT ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the court on December 15, 2016 for trial on the chapter 7 trustee's amended complaint to avoid certain transfers of real estate as constructively fraudulent under 11 U.S.C. 548(a)(2)(A), to sell property recovered by the estate under 11 U.S.C. 363 and to deny the Debtor's discharge under 11 U.S.C. 727. The Court now makes its findings of...
ORDER ON MOTION TO COMPROMISE AND SETTLE (DOC. #38) ROBYN L. MOBERLY , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion to Compromise and Settle. The Court, being duly advised in the premises and proper notice having been given and no objections filed, approves said Motion. Accordingly, it is ORDERED that the Trustee is hereby authorized to accept the sum of $1539.70 in full settlement, which $653.00 has been paid into the estate previously and the balance...
FURTHER FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES M. CARR , Bankruptcy Judge . THIS MATTER comes before the Court on remand for further findings of fact from the United States District Court for the Southern District of Indiana pursuant to the Appeal from the United States Bankruptcy Court entered on November 21, 2016 in Case No. 1:16-cv-00706-RLY-DML. The District Court directed this Court to make five further findings of fact and, after making such findings, to make a conclusion...
