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Indianapolis Bankruptcy Division eliminates informal ADR mandate

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Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.

Even though the April 11 order no longer mandates dispute resolution in these cases, Coachys encourages its continuance. Now, if there is a filing of an objection to a trustee’s motion to dismiss, debtor’s counsel will be prompted to use block scheduling to set a hearing on the objection.

If the debtor and the trustee resolve the matter with regards to trustee motions to dismiss and trustee objections to confirmation, the parties shall file the appropriate documentation. If it’s resolved by a settlement or agreed entry, and the debtor doesn’t abide by the terms of the settlement, then upon filing by the trustee of a notice of such failure the case shall be dismissed without further notice or hearing.

This change does not affect the New Albany Division and General Order 10-0002, which sets the informal dispute resolution process for that division.

The changes become effective Monday.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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