Bankruptcy

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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Foreclosure notice by newspaper not good enough for COA

September 30, 2014
Marilyn Odendahl
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
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7th Circuit rebukes counsel involved in attempt to collect debt

September 29, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
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