Bankruptcy Law

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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SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case

December 12, 2011
Michael Hoskins
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
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Bankruptcy judge applications being accepted

December 8, 2011
IL Staff
The Judicial Council of the 7th Circuit is seeking applications for bankruptcy judge to fill a new position in the U.S. District Court for the Southern District of Indiana.
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Changes to federal courts effective Thursday

November 30, 2011
IL Staff
Several changes are coming to the United States Bankruptcy Court for the Southern District of Indiana and the U.S. District Court in the Northern District of Indiana Thursday.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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