Case law

In Re Anderson

88 B.R. 877 · United States Bankruptcy Court, N.D. Indiana · Apr 15, 1988

The Debtor next called and qualified as an expert witness in farm land appraisals one Charles Dillon, who stated he had physically inspected the land, checked the Debt- *880 or’s title, reviewed local ASCS records relating … It has not yet been established as to what extent they are secured. However, to justify adequate protection payments under Section 1205, the creditor must show that the value of the property is suffering.

Matter of Berryhill

127 B.R. 427 · United States Bankruptcy Court, N.D. Indiana · May 7, 1991

In the absence of objection, the order of October 25 clearly and unambiguously required the debtors to do one of two things by a date certain. … Nonetheless, “[t]he debt- or has time after time failed to comply with the Court’s Orders, the Rules of Bankruptcy Procedure, and it simply no longer qualifies for any additional leniency.”

In Re Kuhn

322 B.R. 377 · United States Bankruptcy Court, N.D. Indiana · Mar 23, 2005

The Carlson trustee failed to establish that the medical bills in question were joint obligations of the debtor and the non-debt- or spouse. … The record in this case fails to establish “bad faith” under these criteria.

In re Vancleef

479 B.R. 809 · United States Bankruptcy Court, N.D. Indiana · Sep 28, 2012

Trustee Yoon — as have some courts — focuses on what she deems to be a very clearly phrased law, and the fact that there is no legislative gloss or rule parsing which connotes or implies that a Chapter 7 Trustee cannot file … But where the debt is disputed, the creditor cannot establish a prima facie case of breach of a credit card contract without establishing a contract with the debtor, a breach and damages.

Lanker v. Wheeler (In Re Wheeler)

101 B.R. 39 · United States Bankruptcy Court, N.D. Indiana · Jun 16, 1989

The phrase “while acting in a fiduciary capacity” clearly qualifies the words “fraud or defalcation.” 3 Colliers on Bankruptcy (MB) 11 523.14 at 523-96 (15th ed. Supp. June 1988). … It does not appear from the face of the Decree of Dissolution of Marriage that a trust was established.

In Re Snider Farms, Inc.

83 B.R. 977 · United States Bankruptcy Court, N.D. Indiana · Jan 5, 1988

Thus, even though the objection was untimely, the Debtor was not prejudiced as to the objection on feasibility as it was clearly prepared to submit extensive evidence on the issue. … A federal court, on its own motion, may take judicial notice of relevant qualified facts at any stage of a proceeding, even though not requested to do so. Fed.R.Evid. 201. George’s Radio and Television Company, Inc. v.

Hill v. Hale (In Re Hill)

133 B.R. 126 · United States Bankruptcy Court, N.D. Indiana · Jun 5, 1989

The creditor objecting to discharge of a debt in bankruptcy bears a heavy burden of proof to establish that the debt is squarely within the statutory exceptions. … See, also, In re Yeates, 807 F.2d 874 (10th Cir.1986), where the Court held that a debtor’s obligation to a former spouse may be in the nature of support so as to be not dischargeable even though it would not qualify as alimony

McHenry v. McHenry (In Re McHenry)

131 B.R. 669 · United States Bankruptcy Court, N.D. Indiana · Jun 9, 1989

it is nondischargeable under § 523(a)(5) since the state court clearly never decided that issue. … He He He He H< He The Order of July 7,1980 [of the Bankruptcy Court] was clearly incorrect in its application of an Indiana Statute.

In Re Jongsma

402 B.R. 858 · United States Bankruptcy Court, N.D. Indiana · Mar 25, 2009

Debtor did not qualify for the loan due to bad credit. Debtor received no value for the transfer. Schedule C, as originally filed on the date of filing of the petition, has never been amended. … Jongs-ma subsequently amended Schedule A to add the time share interests, but she has yet to amend Schedule A to add interests in two rental properties held as tenants by the entireties which clearly constitute property of

Associated Bicycle Service, Inc. v. United States (In Re Associated Bicycle Service, Inc.)

128 B.R. 436 · United States Bankruptcy Court, N.D. Indiana · Sep 25, 1990

Affidavits do not qualify as a basis for summary judgment, and are not competent for the purpose of negating genuine issues of material fact where matters of motive or opinion of value are involved. Duane v. … It is not difficult to see that the term “employees” embraces a broad range of persons, from those at one end who clearly are employees, e.g., Hoosier’s office employees, to those who clearly are not, e.g., a private physician

United States v. Walters (In Re Walters)

176 B.R. 835 · United States Bankruptcy Court, N.D. Indiana · Jun 27, 1994

Walters was qualified as an expert witness respecting the trading and valuation of rare numismatic coins. … The facts in this case are clearly distinguishable from West, and thus the Court concludes that Dr.

Paeplow v. Foley (In Re Paeplow)

119 B.R. 610 · United States Bankruptcy Court, N.D. Indiana · Sep 24, 1990

The defendants suggest that if they are not able to pursue a joint judgment against the Paeplows, the Paeplows will have immunized a substantial asset from their creditors through manipulation of the bankruptcy process. … As First Interstate Bank clearly had established its “claim” against the Paeplows’ property, the defendants submit that it had established an equitable or common law lien as to the property.

Matter of Belt

106 B.R. 553 · United States Bankruptcy Court, N.D. Indiana · Aug 28, 1989

The court concluded that the “restitution” to the father was not a legal obligation that would qualify as a debt under § 109(e). … The court’s decision resulted in a finding that Cregut could not qualify as a debtor.

Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)

215 B.R. 543 · United States Bankruptcy Court, N.D. Indiana · Jul 28, 1997

Gouveia, was appointed trustee in the above-entitled action and duly qualified as such on May 7, 1996. 3. … Clearly, enforcement or assignment of the right to payment by the debtor would be inconsistent with the purpose of the levy.

In re Cunningham

478 B.R. 346 · United States Bankruptcy Court, N.D. Indiana · Aug 14, 2012

Virginia law clearly concludes that mechanics’ lien are statutory in nature. To begin, it is well to remember that the mechanics’ lien claimed by Tidewater was unknown at common law. Neff v. … Given this scheme, we believe that mechanic’s liens qualify as statutory liens. The legislative history to § 101(53) confirms this conclusion. Id. at 94 (citing H.R.Rep.

In Re Greives

81 B.R. 912 · United States Bankruptcy Court, N.D. Indiana · Mar 17, 1987

More harm than good would result from allowing creditors to establish a secured status by parol evidence after they have neglected the simple formality of obtaining a signed writing. … This does not mean however, that the Debtors need not pay adequate protection whatsoever to the Bank which is clearly undersecured.