Opinions Jan. 10, 2023

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Mark A. Warsco, trustee in the bankruptcy of Isiah T. Harris v. Creditmax Collection Agency, Inc.
Appeal from the United States Bankruptcy Court for the Northern District of Indiana, Fort Wayne Division. Chief Bankruptcy Judge Robert E. Grant.
Bankruptcy. Reverses the denial of trustee Mark A. Warsco’s application to recover $3,700 that Isiah Harris had paid to Creditmax Collection Agency Inc. more than 90 days before he filed for bankruptcy. Finds In re Coppie, 728 F.2d 951 (7th Cir. 1984), was wrongly decided and thus overrules it. Also finds that under Barnhill v. Johnson, 503 U.S. 3939 (1992), the federal definition of “transfer” controls for purposes of 11 § U.S.C. 547(b)(4)(A). Remands with instructions to resolve the trustee’s claim on the merits.

Tuesday opinion
Court of Appeals of Indiana
R.P. and D.P. v. A.W. and K.H. (mem. dec.)
Adoption. Affirms the denial of R.P. and D.P.’s petition to adopt their grandson. Finds the Jasper Superior Court did not err in concluding that the grandparents did not prove by clear and convincing evidence that for at least one year mother A.W. and father K.H. failed without justifiable cause to communicate significantly with child E.W.-H. when able to do so.

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