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Recent Opinions
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Hon. Basil H. Lorch, III, Chief Judge
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Case Name
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Description
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Code Section
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Date Filed
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Joseph Dwayne White and Susie Jane White |
Negative equity is not part of a PMSI under hanging paragraph of 1325(a) |
1325(a) |
09/29/2009 |
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Jerald E. Turner |
Creditor's refusal to release invalid lien held to be a willful violation of the discharge injunction. |
11 USC 524(a)(2) |
09/15/2009 |
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Hon. Frank J. Otte
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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Sean Patrick Cole and Dana Angela Cole |
The Debtors are entitled to exempt under Indiana's wage garnishment statute a portion of wages earned but not paid as of the petition date. |
Ind Code 24-4.5-5-105; 11 U.S.C. 522(b) |
06/08/2009 |
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Betty Marie Johnson |
Under Marrama v. Citizens Bank 549 U.S. 365 (2007), there is a bad faith exception to the right of conversion under Section 706(a) - a Chapter 7 Debtor who has acted in bad faith can be denied right to convert to another chapter |
11 U.S.C. section 706(a) |
05/26/2009 |
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Hon. Anthony J. Metz, III
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Case Name
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Description
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Code Section
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Date Filed
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Michael Craig Hale and Ranae Ann Hale |
Debtor's objection to trustee's motion to abandon under Section 554 overruled. Debtor's request for abandonment of real property directly to secured creditor who held an interest in the property pursuant to Section 725 is denied. Trustee should not be required, absent trustee consent, to incur additional notification and verification burdens under Section 725. |
554; 725 |
08/03/2009 |
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Bartlett v. Pugh et al |
Debt owed to purchaser of debtors' property for alleged misrepresentations with respect to boundary lines and encroachments was dischargeable under Sections 523(a)(2)(A) and 523(a)(4). Debtors made no false respresentations on the seller's residential real estate sales disclosure form regarding the existence of encroachments, and even if they did, buyer/ plaintiff did not rely on them. |
523(a)(2)(A) and 523(a)(4) |
07/22/2009 |
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Hon. James K. Coachys
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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French Design Jewelry, Inc. et al v. Downey Creations, LLC et al |
Court discusses consignments and the burden of proof under UCC 9-102(a)(20). |
11 U.S.C. 544(a)(1); UCC 9-102(a)(20) |
08/20/2009 |
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Boston v. The Huntington National Bank |
Holding that the 2007 amendment to Ind. Code 32-21-4-1 does not apply retroactively to mortgages recorded prior to the amendment's effective date. Therefore, the trustee was entitled to avoid the defendant's defectively recorded mortgage pursuan to 11 U.S.C. Section 544(a)(3). |
11 U.S.C. Section 544(a)(3) and IC 32-21-4-1 |
04/29/2009 |
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