Judicial Conference seeks comment on proposed rule amendments
The Judicial Conference Committee on Rules of Practice and Procedure is seeking public comment on proposed amendments to appellate, bankruptcy and civil rules.
Bankruptcy
Articles
Woman jailed over pursuit of debt wins partial judgment
A woman arrested for failing to pay off a health club debt she thought had been discharged nearly 10 years earlier partially won a judgment against the law firm that pursued collection on the debt.
Federal courts report bankruptcies continue to decline
Continuing a trend of recent years, bankruptcies nationwide declined for the fiscal year that ended June 30, 2019, U.S. Courts reported. Overall personal bankruptcies declined slightly, though business filings increased for just the third time this decade. Indiana’s Southern District bankruptcy numbers, however, told a different tale.
Bankruptcy Judge Lorch stepping down (again) after 27 years
Retiring Judge Basil H. Lorch III of the U.S. Bankruptcy Court for the Southern District of Indiana will be honored in a private ceremony Friday for his 27 years of service in the federal judiciary.
Owner of former Scotty’s Brewhouse location sued over closure
The owner of the Southport location of Scotty’s Brewhouse, which closed abruptly in April, is facing a lawsuit over the closure.
Real estate company sues law firm over HHGregg property deal gone awry
A Carmel-based real estate company has filed a lawsuit against Krieg DeVault, alleging the Indianapolis-based law firm’s failure to file a property deed in 2003 in a transaction involving defunct retailer HHGregg could now cost the real estate company millions of dollars.
Jailed Fort Wayne attorney gets interim suspension for embezzlement convictions
A Fort Wayne attorney currently serving a six-month embezzlement sentence in federal prison has been suspended from the practice of law in Indiana effective immediately following his felony convictions. The Indiana Supreme Court issued an order of interim suspension against Randall B. Stiles, who was sentenced in March to six months behind bars for two counts of felony bankruptcy fraud and one count of misdemeanor failure to file a tax return.
Application period open for Lawrence Circuit Court judgeship
Attorneys who want to be the next Lawrence Circuit Court judge have about three weeks to let Indiana Gov. Eric Holcomb know. The application window for those interested as serving on the trial court bench in Bedford is open until June 28.
Indy towing operator charged with defrauding car owners in massive scheme
The owner of an Indianapolis towing company has been indicted for running what prosecutors describe as a “title-washing scheme,” in which he targeted financially distressed car owners, took possession of their vehicles, charged huge towing and storage fees and then resold them.
Bedford attorney appointed judge pro tem to fill McCord vacancy
A judge pro tempore has been appointed to replace former Lawrence Circuit Judge Andrea K. McCord following her appointment to the federal judiciary as the newest bankruptcy judge in the Indiana Southern District Court. Serving in McCord’s place as judge pro tempore will be Bedford attorney Nathan G. Nikirk.
New bankruptcy judge appointed to Indiana Southern District bench
Lawrence Circuit Judge Andrea K. McCord has been appointed to a 14-year term as a bankruptcy judge in the Indiana Southern District Court based in New Albany. McCord will take office May 20, succeeding retiring bankruptcy Judge Basil H. Lorch III.
Northern District Bankruptcy Court to transition to NextGen CM/ECF
In a few short months, the U.S. Bankruptcy Court for the Northern District of Indiana will upgrade its current case management and electronic filing system to the next generation of CM/ECF.
Suspended attorney to serve 6 months for bankruptcy fraud, embezzlement
A suspended Fort Wayne attorney will serve six months in jail and has been ordered to pay nearly $240,000 in restitution after he pleaded guilty to embezzlement and tax fraud charges stemming from personal and client bankruptcy proceedings.
Lawyers help vulnerable man overcome exploitation
Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.
U.S. Courts report immigration cases soar, district court filings rise
Immigration prosecutions increased 37 percent last year while overall filings in federal district courts rose 7 percent, according to the United States Courts’ 2018 Annual Report and Court Statistics. The report released Tuesday also found that filings in federal courts of appeal declined 2 percent in 2018.
$50M HHGregg suit attacks insiders for accepting customer deposits to very end
A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.
Divided 7th Circuit: Business owner may seek discharge of back pay debt
A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.
USA Gymnastics bankruptcy might leave sex-abuse victims unpaid
Indianapolis-based USA Gymnastics, under threat of being decertified by the U.S. Olympic Committee, filed for bankruptcy after running short of funds to pay victims of Larry Nassar’s sexual abuse.
Bankruptcy filings continue decline with 2.2 percent decrease in FY18
New bankruptcy cases filed for the year ending September 2018 have seen more than a 2 percent decrease from the year prior, the lowest for any 12-month period since June 2007. Bankruptcy filings fell by 2.2 percent for the year end Sept. 30, 2018 compared to the year ending Sept. 30, 2017.
Indiana attorney: More senior citizens filing for bankruptcy
A northeastern Indiana attorney says a growing number of senior citizens are filing for bankruptcy protection after falling into debt, often for medical expenses. Similarly, a study by the Consumer Bankruptcy Project found the rate at which seniors file for bankruptcy has tripled from 1991 to 2016.