Bankruptcy Court for the Northern District of Indiana Court Cases

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  1. Matter of Beard (1990)

    This matter is before the court on the debtor's objection to the proof of claim filed by the Internal Revenue Service. The objection originally raised questions concerning both the amounts due the IRS and its lien for unpaid taxes. Pursuant to a stipulation filed by the parties, all issues, except those pertaining to the tax lien, have been resolved.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 87-11501
  2. In Re Guy (1988)

    The Plaintiffs filed their nondischargeability complaint versus the Defendant, Donald Joseph Guy (hereinafter: "Debtor") under the above-captioned adversary proceeding number on June 14, 1985 alleging that a certain indebtedness to them by the Debtor is nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 85-60236, Adv. No. 85-6050
  3. In Re Cross (2000)

    This case is pending under Chapter 7 of the United States Bankruptcy Code. The debtor and his non-debtor spouse own real estate as tenants by the entireties. The debtor has claimed an exemption for this property, pursuant to Indiana law, which permits an exemption for:


    Court: Bankruptcy Court for the Northern District of Indiana Docket: 98-10471
  4. In Re Faulk (1986)

    The Plaintiff's complaint alleges that the scheduled indebtedness to it by the Defendant in the sum of $1,578.18 or in the alternative $1,609.57 is nonsdischargeable in bankruptcy on two alternative theories arising under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(2)(C).


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 84-40587, Adv. No. 85-4009
  5. In Re USA Diversified Products, Inc. (1995)

    This matter is before the court following trial of the issues raised by plaintiff's complaint as to the defendant, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. The complaint has been filed pursuant to § 542 of the United States Bankruptcy Code. By it, the trustee seeks the sum of $125,000.00 that Carlton, Fields held in its trust account on and after the date of the petition for relief. The trustee claims these funds constitute property of the estate.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 92-12615. Proc. No. 93-1080
  6. In Re Earl (1992)

    The Motion of Lomas asserts that the Debtor's present Chapter 13 Case No. 91-61570 should be dismissed in that it is the fourth Chapter 13 case filed by her since 1984, and that the present case was filed in bad faith for the sole purposes of delaying a duly scheduled marshal's foreclosure sale, when she did not have sufficient income to cure the prepetition arrears due to Lomas, and she had no reasonable probability that she could propose a viable plan.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 91-61570
  7. In Re Russell (2001)

    This matter is before the court following trial of the issues raised by Plaintiff's complaint to determine the dischargeability of the debtors' obligation to it. Plaintiff contends that the debt is excepted from discharge pursuant to 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6). Although both debtors were originally named as defendants, at trial Plaintiff voluntarily dismissed its claim against Karen Russell. Accordingly, only the claim against Richard Russell remains.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 99-40101. Adversary No. 99-4013
  8. In Matter of Johnson (2009)

    The bankruptcy reforms of 2005 changed many things. Some of those changes make an individual debtor's Chapter 11 case look a lot more like Chapter 13. Property of the estate is not limited to the debtor's interests in property as of the date of the petition. 11 U.S.C. § 541. It now includes property the debtor acquires after the commencement of the case and the debtor's post-petition earnings. Compare, 11 U.S.C. § 1115 with 11 U.S.C. § 1306. To the extent necessary, the debtor's [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: 07-10937
  9. Matter of Belt (1989)

    This matter is before the court on the Estate of Richard A. Kuchik's ("Creditor") MOTION TO DISMISS BANKRUPTCY OF DAVID MERYL BELT, III, filed on December 20, 1988, and the Creditor's OBJECTION TO DEBTOR'S PLAN filed October 20, 1988. The Creditor contends that the debtor's petition and plan were not filed in good faith based on the debtor's pre-petition conduct and the circumstances surrounding the Creditor's unliquidated tort claim. The Creditor further contends that the debtor's plan does [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 88-31953
  10. In Re Montgomery (1988)

    The complaint of American State Bank (hereinafter: "Plaintiff") filed August 1, 1986 asserts in the alternative that the Debtors, Charles Rex Montgomery and Maxine Amelia Montgomery (hereinafter: "Defendants" "Defendant Rex" or "Defendant Amelia") should be denied a discharge in bankruptcy generally pursuant to § 727 or that the specific indebtedness by the Defendants to the Bank should be determined to be nondischargeable pursuant to 11 U.S.C. § 523.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 86-40241, Adv. No. 86-4067
  11. In Re Taylor (2003)

    These cases[1] are all pending under chapter 7 of the United States Bankruptcy Code and present a similar question concerning claims that have been filed against the estate. In each of them, one or more creditors have filed a proof of claim as a secured creditor with a lien upon property of the debtor. The trustee has decided not to liquidate that collateral and it either has been or will be abandoned upon the closing of the case. See, 11 U.S.C. § 554. The trustees have filed objections to [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: 01-14230
  12. In Re Stubbs (2005)

    This adversary proceeding was commenced by a Complaint, based upon 11 U.S.C. § 544(a)(3), filed on March 15, 2004 by Sheila Gregory Stubbs ("Stubbs"), who is the debtor in the Chapter 13 case pending in this Court as Case No. 04-60428[1]. On May 5, 2004, Stubbs filed an amended complaint adding one additional count — a Judicial Determination of Treatment of Secured Claim for purposes of 11 U.S.C. §§ 1322 and 1325. The defendant Chase Manhattan Mortgage Corporation ("Chase") appeared by [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 04-60428 JPK, Adversary No. 04-6069
  13. In Re Doty (1991)

    This Chapter 11 case comes before the Court on Motion filed on August 15, 1990 by Farm Credit Services of Mid-America, ACA (hereinafter: "FCS") for Interpretation of Confirmed Plan and for Determination of Payments due Unsecured Creditors for Crop Year 1989 pursuant to Amended Plan and Disclosure Statement filed by the Debtors on August 19, 1988, which was modified by an agreed immaterial modification filed on December 27, 1988, and which was confirmed by Order of Court dated December 30, 1988 [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 86-62139
  14. In Re Whiters (2006)

    This adversary proceeding was commenced by a complaint filed by the plaintiff Bank Calumet ("Calumet") against Leroy Deon Whiters ("Whiters ") on January 3, 2005. Whiters is the debtor in a Chapter 7 case filed under case number 04-65856 in the United States Bankruptcy Court for the Northern District of Indiana, Hammond Division. Whiters appeared by counsel in the adversary proceeding and filed his answer to the complaint on January 12, 2005. Following customary pretrial proceedings, trial in [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 04-65856 JPK. Adversary No. 05-6001
  15. In Re Richards (1988)

    This matter is before the court following the trial of the issues raised by the Trustee's complaint, filed pursuant to 11 U.S.C. § 547, to avoid allegedly preferential transfers made by the debtor to the Defendants. Following the submission of the evidence and the arguments of counsel, the matter was taken under advisement.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 87-10024, Adv. No. 87-1029
  16. In Re Mills (1988)

    A Pre-Trial Order was entered on January 19, 1988, and pre-trial statements were filed by the Defendant on February 8, 1988, and by the Plaintiff on March 15, 1988, as amended September 19, 1988.


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 86-62184, Adv. No. 87-6027
  17. Matter of Strong (1988)

    This matter is before the court on its own motion, pursuant to 11 U.S.C. § 707(b), which required debtor to appear and show cause why this case should not be dismissed as a substantial abuse of the provisions of Chapter 7. A hearing was held on December 4, 1987, with the Trustee present by Timothy Junk. Debtor was present in person and by his attorney, Alan K. Hofer. At the hearing debtor requested and was given ten days to submit additional evidence and, on December 10, 1987, filed an [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 87-11161
  18. In Re Quality Health Care (1997)

    This Adversary Proceeding came before the Court on a Motion for Summary Judgment filed by the Defendant, United States of America (hereinafter: "U.S.A.") on behalf of its Agency, the Internal Revenue Service, (hereinafter: "IRS") on February 27, 1997.[1]


    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 96-61064, Adversary No. 96-6159
  19. Matter of Penrod (1994)

    This matter is before the court on CITATION FOR CONTEMPT ("Motion"), which was filed on September 14, 1992, by John Lee Penrod and Alyce Jean Penrod against Financial Institutions Liquidation Corporation f/k/a Mutual Guaranty Corporation, Successor in Interest to the Clinton County Farm Bureau Cooperative Association Credit Union. The parties filed a Stipulation of Facts on May 28, 1993. Each party then submitted memoranda in support of its position, after which the matter was taken under [...]

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy No. 87-30501
  20. In Re Kosenka (1989)

    These matters[1] are before us on the motions of the Trustee to dismiss the Chapter 13 cases while Chapter 7, 11 U.S.C. §§ 101 et seq., cases are pending for the same debtor. We granted the Trustee's motion in the Kosenka case because the Debtor had not obtained a discharge in his Chapter 7 case prior to the filing of his Chapter 13 case. We denied the Trustee's motion in the Parduhn case because the Debtor's Chapter 13 case was filed after Parduhn had received his Chapter 7 discharge.

    Court: Bankruptcy Court for the Northern District of Indiana Docket: Bankruptcy Nos. 89-60001, 88-61672

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