Bankruptcy

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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COA: investors owed reimbursement

July 29, 2016
Marilyn Odendahl
Although a reversal in the Indiana Court of Appeals handed an investment firm a reimbursement, the amount of funds to be returned is unknown since the trial court was left to figure the sum.
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Ties to Florida firm burn Indiana lawyers

July 27, 2016
Dave Stafford
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
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Court ruling opens GM to billions of dollars in death, injury claims

July 14, 2016
 Associated Press
A federal appeals court ruling that General Motors can't use its 2009 bankruptcy to fend off lawsuits over faulty and dangerous ignition switches exposes the automaker to billions of dollars in additional liabilities, according to legal experts.
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7th Circuit tosses legal fees suit arising from bankruptcy case

July 8, 2016
Dave Stafford
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
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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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Coal mine environmental risk grows with bankruptcies

May 19, 2016
 Associated Press
As more coal companies file for bankruptcy, it's increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.
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Bankruptcy filings take further plunge

April 29, 2016
IL Staff
Personal and business bankruptcies nationwide reached the lowest point since 2006, according to statistics released Thursday by the federal courts.
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Peabody, largest US coal miner, files for bankruptcy

April 13, 2016
 Associated Press
Peabody Energy, the nation’s largest coal miner, filed for bankruptcy protection Wednesday as a crosscurrent of environmental, technological and economic changes wreak havoc across the industry.
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Republic, Delta settle lawsuit, strike deal to continue flights

March 25, 2016
 Bloomberg News
Delta Air Lines Inc. has settled its lawsuit against Republic Airways Holdings Inc. in which it accused the Indianapolis-based carrier of failing to operate a full schedule of flights as promised.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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7th Circuit: Developer's appeal is frivolous

March 1, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
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50 Cent's online photos with cash interest bankruptcy judge

February 22, 2016
 Associated Press
Rapper 50 Cent has been ordered to appear in bankruptcy court in Hartford, Connecticut, to explain photos showing him with wads of cash.
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Lawsuits deluge operator of towing business

January 26, 2016
John Russell, IBJ Staff
Brian Fenner had big plans for his Indianapolis towing company, Sperro Towing and Recovery. His goal was to build a national network of bankruptcy attorneys who would let him know if a struggling client had a vehicle they couldn’t afford to keep. But the plan, which he appears to have hatched at least two years ago, quickly ran into trouble.
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COA affirms finding for mortgage holder in foreclosure

November 30, 2015
Dave Stafford
A mortgage holder had a right to enforce a settlement agreement against borrowers, the Court of Appeals ruled Monday, affirming a trial court order.
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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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Supreme Court could weigh in on student debt battle

October 20, 2015
 Bloomberg News
Mark Tetzlaff is a 57-year-old recovering alcoholic who has been convicted of victim intimidation and domestic abuse. He may also be the person with the best shot at upending the way U.S. courts treat student debt for bankrupt borrowers.
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Plaintiff loses appeal over judgment on student loan

September 24, 2015
Dave Stafford
The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.
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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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7th Circuit rejects woman’s suit that credit agency violated FCRA

June 24, 2015
Jennifer Nelson
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
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SCOTUS: Bankrupt homeowners can't void second mortgage

June 1, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
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Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Court to consider when second mortgage can be void

November 17, 2014
 Associated Press
The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on the first mortgage.
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Bankruptcy cases filed at lowest number since 2007

October 29, 2014
Jennifer Nelson
The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.
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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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