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 $...
