Bankruptcy Law

Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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High court rules against Puerto Rico in debt case

June 13, 2016
 Associated Press
Puerto Rico can't use a local law to restructure the debt of its financially ailing public utilities as it tries to overcome a decade-long economic crisis, the U.S. Supreme Court ruled Monday.
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As Koch brothers cling to Madoff cash, a new legal battle arises

June 3, 2016
 Bloomberg News
Billionaire brothers Charles and David Koch have made plenty of good business decisions over the years. Placing millions of dollars with Ponzi-scheme mastermind Bernard Madoff may have been one of them.
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Attorneys, courts feel drop in bankruptcy filings

January 27, 2016
Marilyn Odendahl
Bankruptcy attorney Mark S. Zuckerberg recently described the current state of his practice: “Nobody’s coming into my office; nobody’s calling me; nobody’s paying me.” His loneliness can be tied to the drop in bankruptcy filings. In 2015, petitions nationally fell to 860,182, an 11 percent decline from 2014 and the lowest number of filings since 2007.
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ILS awarded grant to help northern Hoosiers

October 26, 2015
Marilyn Odendahl
Indiana Legal Services Inc. has received a $10,000 award to help families in the northern part of the state with bankruptcy filings.
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7th Circuit stops collection of hospital assessment fee

August 28, 2015
Marilyn Odendahl
St. Catherine Hospital was successful in getting a reprieve from a dispute with the state of Indiana over the hospital assessment fee.  
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Bankruptcy cases drop in 2014, repeat filings rise

July 22, 2015
IL Staff
Individual consumer debt bankruptcy petitions declined in 2014, but for a significant number of people, this wasn’t the first time they’d filed for bankruptcy in the last eight years.
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High court rules against law firm in bankruptcy fee fight

June 15, 2015
 Associated Press
The Supreme Court of the United States ruled Monday that one of the nation’s biggest law firms is not entitled to recover $5.2 million in legal fees it incurred in the course of a bankruptcy proceeding.
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Bankruptcy lawyer’s unruly conduct draws warning

May 21, 2015
Dave Stafford
A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.
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Moberly to become chief bankruptcy judge Aug. 1

July 9, 2014
IL Staff
Judge Robyn L. Moberly, in the United States Bankruptcy Court for the Southern District of Indiana, has been appointed to replace Judge James K. Coachys as the court's chief judge. Coachys is retiring Sept. 30.
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Kokomo lawyer skips town, leaving 'mess' behind

November 6, 2013
Dave Stafford
A Kokomo lawyer’s sudden abandonment of his law practice has left the local legal community scrambling to clean up a mess involving scores of ripped-off clients, some of whom learned of their attorney’s disappearance when they showed up for court dates and he didn’t.
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Surrogate: Clients lost fees paid to attorney who fled

October 28, 2013
Dave Stafford
As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.
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Bankruptcy Court revises Chapter 13 plan model form

July 26, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court's website and may be used immediately.
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Southern District Bankruptcy Court to cease certain Chapter 13 notices

March 8, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will no longer issue notices of impending closure without discharge in Chapter 13 cases.
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Moberly’s official swearing-in ceremony Friday

March 7, 2013
United States Bankruptcy Judge Robyn L. Moberly will be formally sworn-in at a ceremony Friday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
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Bankruptcy ruling locks out insiders

February 27, 2013
Dave Stafford
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
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Bankruptcy judge warns of impact of ‘fiscal cliff’

December 12, 2012
Jennifer Nelson
Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.
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Indianapolis accounting firm settles with Fair Finance trustee

November 1, 2012
Kathleen McLaughlin
Somerset CPAs P.C. will pay $500,000 to settle litigation brought by the bankruptcy trustee of Fair Finance Co., the Ohio-based firm convicted financier Tim Durham used to conduct a major Ponzi scheme.
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Bankruptcy local rules to change Dec. 3

October 18, 2012
IL Staff
Five local rules of the U.S. Bankruptcy Court for the Southern District of Indiana will be amended effective Dec. 3.
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Bankruptcy Court amends some rules, seeks comment on others

August 30, 2012
Jennifer Nelson
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
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Bankruptcy court issues order on maximum fee for Chapter 13 cases

May 15, 2012
IL Staff
The United States Bankruptcy Court, Southern District of Indiana Chief Bankruptcy Judge Anthony J. Metz III signed an order Tuesday changing the maximum fee allowable under Local Rule B-2016-1(b).
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Bankruptcy Court creating mediator panel

April 11, 2012
IL Staff
The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.
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On watch for scams

February 29, 2012
Michael Hoskins
Attorneys see a rise in the amount of fraudulent notices clients receive.
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Bankruptcy discharge pushed for school debt

February 29, 2012
Jenny Montgomery
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
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Bankruptcy filings down in 2011

January 18, 2012
Kathleen McLaughlin
Attorneys says the drop in mortgage foreclosures and sales impacted filings.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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