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Opinions Sept. 26, 2017

Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.

COA affirms turnover of tax sale surplus funds

A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.

Juveniles are focus of CPLI summit

The Children’s Policy and Law Initiative of Indiana will be examining juvenile justice and school discipline at its annual public policy summit during the first week of October.

Indiana plans to appeal abortion law order

Indiana plans to appeal a federal judge's order that permanently blocks the state from enforcing a provision of a law passed last year that would ban abortions sought due to fetal genetic abnormalities.

Child porn convictions against grandfather affirmed

A man accused of taking pornographic pictures of his granddaughter and adding them to an extensive collection of violent child pornography cannot succeed on his claim of ineffective assistance of counsel because he failed to prove he would not have pleaded guilty had his counsel made him aware of alternative defenses, the 7th Circuit Court of Appeals ruled Friday.

Arizona ruling highlighted in Indiana birth certificate fight

The female same-sex married couples in Indiana who are fighting to include the non-birth mother’s name on their children’s birth certificates are highlighting a recent decision from the Arizona Supreme Court that confirms parental status for lesbian couples.

Opinions Sept. 25, 2017

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
In Re: OneStar Long Distance, Inc., Elliott D. Levin v. Verizon Business Global, LLC
16-1940, -2094
Appeals from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the district court’s affirmation of the bankruptcy judge’s ruling that the new value, or additional telecommunications services, that MCI advanced during its preference period sufficed to make OneStar’s preferential payments unavoidable, so the debt assignment to a newly formed affiliate was irrelevant. Finds a debtor’s assignment of debt and contractual rights to an affiliate doesn’t have the effect of repaying a creditor for new value. Also finds MCI advanced subsequent new value that remained unpaid, so OneStar’s preferential transfers are unavoidable.

COA finds for bank in construction lien litigation

The Indiana Court of Appeals has ruled in favor of a bank in a legal battle over which lien in a construction project should take priority, with the court determining the bank’s lien was superior to a mechanic’s lien because the bank’s mortgage on the project secured its loan of funds to the construction project.

7th Circuit affirms rulings in telecom company bankruptcy

A now-bankrupt telecommunications provider cannot avoid making payments invoiced by its supplier prior to the filing of an involuntary bankruptcy petition because the supplier has a legitimate defense under the “new value” concept in U.S. Bankruptcy Code, the 7th Circuit Court of Appeals has ruled.