Indiana Bankruptcy Law

United States of America v. Earl Miller

South Bend, Indiana criminal defense lawyer represented the Defendant charged with wire fraud and securities fraud. In 2009, Miller was hired by a childhood friend, Matthew Gingerich, to raise money for Gingerich's real estate invest ment firm, 5 Star Investments. 5 Star raised capital to finance the rehabilitation of properties, mostly in Northern Indiana where the com... More...

$0 (08-27-2025 - IN)

United States of America v. Dennis Birkley and Brian Fenner

Indianapolis, Indiana criminal defense lawyers represented the Defendants charged with fraud. On January 31, 2023, a jury convicted Brian Fenner and Dennis Birkley of seventeen counts, all stemming from one overarching fraud.1 Like many fraud schemes, underlying the intricate machinations of this ploy is clear-cut malfeasance. Under Indiana's mechanic's lien statute, an individua... More...

$0 (07-03-2025 - IN)

<h1> United States of America v. Brian Fenner, Dennis Birkley </h1>

<h2><center> Indianapolis, Indiana criminal defense lawyer represented the Defendant charged with a "Free Bankruptcyâ€ Car Lien-Stripping Scheme.</h2></center> <h3><center> </h3></center> Brian Fenner, 45, of Camby, Indiana, was sentenced to a total of 77 months in federal prison. Dennis Birkley, 64, of Wiscons... More...

$0 (02-05-2024 - IN)

Marcus Shoenthal v. City of Seymour. et al.

New Albany, Indiana personal injury lawyer represented the Plaintiff who sued the Defendant on a civil rights violation theory. The defendants - the City of Seymour, Indiana, and three of its senior police officers - contend that plaintiff Marcus Shoenthal lacks standing to bring this case in this court because the trustee of the bankruptcy estate has the exclusive right to prosecute the ... More...

$0 (01-10-2024 - IN)

United States of America v. Earl D. Miller

South Bend, Indiana criminal defense lawyer represented the Defendant charged with five counts of wire fraud and one count of securities fraud. That same jury acquitted Miller of one count of wire fraud and one count of bankruptcy fraud. Earl D. Miller, age 44, became the sole owner of "5 Starâ€, a real estate investment firm, in July of 2014. Through 5 Star and it its numerous re... More...

$0 (12-07-2023 - IN)

United States of America v. Rajesh Kanuru

Hammond, Indiana criminal defense lawyer represented Defendant charged with wire fraud and embezzlement against a bankruptcy estate. Rajesh Kanuru, age 46, of Chicago, Illinois, was an attorney with a practice located in Chicago, Illinois. From March 2012 through August 2018, Kanuru devised a scheme to defraud clients who had filed for bankruptcy, the Bankruptcy Trustee and the U.S. Bankr... More...

$0 (04-05-2023 - IN)

United States of America v. Mary Cossey

Hammond, IN: Bankruptcy fraud criminal defense lawyer represented Defendant, Mary Cossey, age 54, of Munster, Indiana, who engaged in a scheme to defraud the Chapter 13 bankruptcy trustee and her creditors in order to take advantage of the benefits of bankruptcyâ€”including the imposition of a stay on collection and elimination of debtsâ€”without making the financial sacrifices required ... More...

$0 (09-06-2021 - IN)

Dennis D Nelms v. State of Indiana

<center><h2> Martinsville, IN - Criminal defense lawyer represented charged with aggravated battery.</h2></center> On August 19, 2018, Nelms stabbed Chad Williams twice in the chest with a knife during an altercation at a bar in Mooresville. When officers responded to the bar, they found methamphetamine in Nelms’ pocket. 1 IND. CODE § 35... More...

$0 (11-25-2020 - IN)

Kattia Tarnow v. State of Indiana

<h2>Auburn, IN - Criminal defense lawyer represented defendant Rodney Dain Doster charged with Level 6 felony theft.</h2> [3] According to Tarnow, her father (Hector) died, without a will, in Costa Rica in 2003. He had five children from two marriages, and all of the children besides Tarnow still resided in Costa Rica at the time of He... More...

$0 (10-20-2020 - IN)

United States of America v. Phillip Yoder

<center> <img width="300" src="http://inn.fd.org/sites/inn.fd.org/files/office_images/SB-court-22.jpg"> </center> South Bend, IN - Ligonier, Indiana Man Sentenced To 87 Months In Prison Phillip Yoder, age 41, of Ligonier, Indiana, was sentenced on his guilty pleas to wire fraud, bank fraud, mail fraud and bankruptcy fraud. Yoder was sentenced to serve 87 months each ... More...

$0 (07-08-2019 - IN)

United States ex rel. Buridi v. Kentuckiana Medical Center LLC, et al.

<center> <img width="300" src="http://www.insd.uscourts.gov/sites/insd/files/indianapolis.png"> </center> Indianapolis, IN - Rialto Capital Management and Current Owner of Indiana Hospital to Pay $3.6 Million to Resolve False Claims Act Allegations Arising From Kickbacks to Referring Physicians The Department of Justice announced today that Rialto Capital Management LLC (Rialt... More...

$3600000 (06-03-2019 - IN)

United States of America v. Geraldo Colon

<center> <img width="300" src="http://www.insd.uscourts.gov/sites/insd/files/indianapolis.png"> </center> Geraldo Colon used his Indianapolis furniture store and a related business as a front to hide his more lucrative enterprise: buying large quantities of cocaine and heroin from Arizona and reselling the drugs to local dealers in Indiana. For his role as a middleman i... More...

$0 (03-23-2019 - IN)

Michael T. Paille v. State of Indiana

<center> <img width="300" src="https://lh4.googleusercontent.com/proxy/OKXBrc1BAkpMqrnvLfOk7E74JObTc0_8Ou86sgyQz0weP0PzuQd9xaDb6QwiFvTHNj-hXQaBm7Hj1Trf6qyRuq8UONKQZQ9LXu_4gRFGBGrmKs_3_RNpwv139B_gzIo7VlOB8wv50s6-2YXGvUPGLQ82wkRUAiE=w213-h160-k-no"> <h2> <h2> </h2> </center> On August 31, 2016, Redkey Deputy Marshal Monte Shrack initiated a traffic ... More...

$0 (12-17-2018 - IN)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc. <table> <td>

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by truck. Pavco terminated the McCutcheons’ employment on February 14, 2014. [3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which enumerated a number of Pavco’s assets that would be transferred to Titan in <... More...

$0 (08-12-2018 - IN)

Mark McClaskey v. CWG Plastering, LLC

Walter “Wally” Gianino owned and operated a plastering company in St. Louis, Missouri, for over thirty years. That business—Gianino Plastering—abruptly closed in 2012. Around the same time, Wally’s son, Curt Gianino, who had worked at Gianino Plastering for over a decade, founded his own company, CWG Plastering, LLC. CWG took on at least some of Gianino Plastering... More...

$0 (07-31-2018 - IN)

The William R. Lee Irrevocable Trust v. Lester L. Lee

Lester Lee merged two companies he controlled. A trust administered by his nephews, with a pre-merger minority interest in one of the companies, dissented from the merger pursuant to Indiana’s Dissenters’ Rights Statute and obtained a judgment against that company. Lester filed a personal bankruptcy petition. The Trust commenced an adversary proceeding in that bankruptcy action, seeking to pie... More...

$0 (08-07-2018 - iN)

William P. Stickrod v. State of Indiana <table> <td>

At 6:50 p.m. on December 17, 2016, Officer Grant Leroux of the Lafayette Police Department and other officers arrived at a house in Lafayette, Indiana. The house belonged to Stickrod’s mother, but Officer Leroux knew that Stickrod lived there. The officers were there to execute warrants to arrest Stickrod for failing to appear at court hearings in two criminal cases. ... More...

$0 (08-04-2018 - IN)

United States of America v. Geraldo Colon

Indianapolis, IN - “Family ties” ring leader sentenced in federal court Sold hundreds of kilograms of heroin and cocaine in Indianapolis area An Indianapolis man was sentenced to 360 months (30 years) imprisonment for his role in selling large quantities of narcotics in Indianapolis neighborhoods. Geraldo Colon, 48, was sentenced by U.S. District Judge Jane Magnus-Stinson aft... More...

$0 (08-23-2017 - IN)

David Garden v. State of Indiana <table> <td>

From approximately 2010 through 2014, Garden engaged in a series of fraudulent real estate transactions. In some cases, Garden would offer to sell a home for an individual, obtain a quitclaim deed for the property, and then enter into a rent-to-own agreement with a subsequent victim that was contrary to the authority given to him by the original owner. In other cases, Garden ... More...

$0 (04-22-2017 - IN)

United States of America v. Geraldo Colon

Indianapolis, IN - “Family Ties” ring leader found guilty in federal court An Indianapolis man was convicted of drug distribution, money laundering and bankruptcy fraud charges in federal court. Geraldo Colon, 48, was found guilty after a six-day jury trial before U.S District Judge Jane Magnus-Stinson. “The goal of this office is to make the Southern District of Indiana th... More...

$0 (04-11-2017 - IN)

Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International

In April 2011, Kennedy hired Emmert International to transport a piece of commercial equipment 280 feet long and weighing 360,000 pounds from Indiana to Tennessee. It agreed to pay Emmert about $200,000 plus additional expenses Emmert might incur during the move. Emmert encountered a number of unforeseeable problems that caused delays and additional expenses of almost $7... More...

$0 (04-25-2016 - IN)

Larry Myers, et al. v. Crouse-Hinds, et al.: GE v. Mary R. Geyman, et al.: Owens-Illinois, Inc v. Mary R. Geyman, et al.

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new... More...

$0 (03-20-2016 - IN)

United States of America v. Timothy S. Durham

Timothy Durham, James Cochran, and Rick Snow were convicted of perpetrating a widespread financial fraud that caused more than $200 million in losses to thousands of victims, many of them elderly or living on modest incomes. After taking control of Fair Finance Company, a previously well-established and respected business, the trio quickly turned it into their personal pigg... More...

$0 (09-04-2014 - IN)

Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc.

Country Contractors, Inc. ("Countryâ€) entered into a contract to provide excavation services for A Westside Storage of Indianapolis, Inc. ("Westsideâ€). Country subcontracted out a substantial portion of the work and eventually left the worksite without completing the job. Westside filed a breach of contract action against Country and its two shareholders, Stephen Songer and Jahn Songer... More...

$0 (02-12-2014 - IN)

Thomas W. Demeester v. Rebecca Demeester

Thomas DeMeester (Husband) appeals from the trial court's order dissolving his marriage to Rebecca DeMeester (Wife). Husband raises the following issues on appeal: 1. Did the trial court abuse its discretion in dividing the marital estate? 2. Did the trial court abuse its discretion in valuing certain marital assets? 3. Did the trial court abuse its discretion in ordering Husb... More...

$0 (02-14-2014 - IN)

Tariq Qureshi v. Richard E. Coulter

When a real-estate deal fell through, potential buyers Tariq Qureshi and Mehnaz Qureshi entered into a Mutual Release from Purchase Agreement, which entitled them to a return of their $5000 earnest-money deposit. The $5000 check was made payable to the seller's real-estate agent, who cashed the check and never returned the money. The Qureshis filed a small-claims action against the seller, the sel... More...

$0 (04-08-2013 - IN)

Bloomfield State Bank, v. United States of America

The question presented iswhether a mortgage that assigns future rental incometo the mortgagee creates a security interest that takes priority over a federal tax lien. The answer depends on whether such an assignment constitutes an "interest in property acquired by contract for the purpose of securing payment or performance of an obligationâ€ and whether when the interest is acquired "the pro... More...

$0 (05-16-2011 - IN)

Bloomfield State Bank v. United States of America

The question presented is whether a mortgage that assigns future rental income to the mortgagee creates a security interest that takes priority over a federal tax lien. The answer depends on whether such an assignment constitutes an "interest in property acquired by contract for the purpose of securing payment or performance of an obligationâ€ and whether when the interest is acquired "the p... More...

$0 (05-11-2011 - IN)

Timothy Wardrop v. Elan Motorsports Technologies Racing Corp.

Timothy Wardrop filed suit in an Indiana state court more than seven years ago against Elan Motorsports Technologies Racing Corp., which for reasons that will shortly become clear we'll call "Elan Corp.â€ The suit charged breach of a written employment contract (plus an oral commission contract that we can ignore). The defendant removed the case to federal district court under the diversity j... More...

$0 (03-14-2011 - IN)

Jeff Whitel v. Anthony Moravec

Plaintiffs worked for Waste Reduction, Inc., at its facilities in Indiana, until they were laid off in 2006. The next year Waste Reduction entered bankruptcy in Michigan. Plaintiffs filed claims for overdue wages and fringe benefits. Their wage claims were allowed and paid, but they remained dissatisfied. Indiana imposes penalties on employers that tarry in remitting wages, see Ind. Code Â§Â§ ... More...

$0 (02-16-2011 - IN)

ATA Airlines, Inc. v. FedEx Corp.

ATA Airlines Inc. sued FedEx Corp. on a breach of contract theory. ATA filed for bankruptcy protection in April 2008 and immediately ceased all operations, blaming the "unexpected" termination of a military transport subcontract overseen by FedEx. At the time, ATA said it was the largest provider of transport for U.S. military personnel and their families under the program run by the Air ... More...

$66000000 (10-29-2010 - IN)

Torrey Bauer v. Randall T. Shepard

The Supreme Court held in Republican Party of Minnesota v. White, 536 U.S. 765 (2002) (White I), that elected judges, and candidates for judicial office, have a right under the first amendment to declare their legal views to the electorate during their campaigns. The decision left open myriad questions of implementation, and litigation has ensued across the country in those states that give the vo... More...

$0 (08-20-2010 - IN)

Owner-Operator Independent Drivers Association, Inc. v. Mayflower Transit, L.L.C.

Federal regulations require motor carriers to have insurance for the protection of the public, which may be injured by collisions on the highway. 49 U.S.C. Â§13906; 49 C.F.R. Â§376.12(j)(1). Carriers may provide service through leased equipmentâ€”and a leased truck frequently is owned by its driver, who comes with the lease. See Transamerican Freight Lines, Inc. v. Brada Miller Freight Sy... More...

$0 (08-09-2010 - IN)

Keith Myers v. Wesley C. Leedy

This case presents the question of whether a tenant"s leasehold interest in property survives a land contract vendee"s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant"s leasehold interest survives. Facts and Procedural History On Augus... More...

$0 (10-15-2009 - IN)

Julie McCoy, et al. v. American Family Mutual Insurance Company

Janice Buckholtz and her daughter Jessica Buckholtz obtained a judgment against Julie McCoy, who had a homeowners policy issued by American Family Mutual Insurance Company. American Family sought a declaratory judgment that it did not have to satisfy the judgment. The trial court granted summary judgment for American Family, and we affirm.1 FACTS AND PROCEDURAL HISTORY In May 1999, Kevin Shoemaker... More...

$0 (12-30-2008 - IN)

Jack Bell,e t al. v. DaimlerChrysler Corp.

Pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. Â§ 185(a), the plaintiffs-appellants brought suit in the district court alleging that defendant-appellee DaimlerChrysler Corporation ("Chryslerâ€) breached its contractual obligations to certain workers laid off in the late 1970s and early 1980s by failing to recall these workers for job openings at Chrysler's plants i... More...

$0 (10-29-2008 - IN)

Sofia Lopez De Manez, et al. v. Bridgestone Firestone North American Tire, LLC, et al.

This appeal arises out of one of the many cases that were filed against Ford Motor Company and Bridgestone/Firestone, Inc. (now known as Bridgestone Firestone North American Tire, LLC), after some Firestone tires installed on Ford Explorers exploded, often with catastrophic consequences. Although most of those lawsuits involved U.S. citizens who were driving their cars within the United States, a ... More...

$0 (07-17-2008 - IN)

Neil Smith v. Bachelle Liddil

Neil Smith appeals from the trial court's order following a bench trial. Specifically, Smith contends that the trial court erred in granting Rachelle Liddil's complaint seeking specific performance of a real estate purchase agreement and denying his counterclaim for foreclosure.1 We affirm. FACTS AND PROCEDURAL HISTORY On September 29, 1991, Liddil and her late husband, Robert L. L... More...

$0 (06-18-2008 - IN)

<a href="http://www.in.gov/judiciary/opinions/pdf/04030704tac.pdf" target="_new">Reed Hodges and Angelia Hodges a/k/a Angela Hodges</a>

Reed Hodges and Angelia Hodges a/k/a Angela Hodges (collectively, "the Hodgeses") appeal the trial court's order in favor of Timothy Swafford on the issue of liability and its award of damages in the amount of $21,150.00. We affirm in part, reverse in part, and remand.1 Issues The Hodgeses present several issues, which we consolidate and restate as follows: I. Whether the trial cour... More...

$21150 (04-03-2007 - IN)

<a href="http://www.ca7.uscourts.gov/tmp/WG0F55N0.pdf" target="_new">James D. Massey and Dennis E. Murray, Sr. v. Merrill Lynch & Co., Inc.</a>

Plaintiffs-appellants James Massey and Dennis Murray, former directors of Conseco, Inc., sued appellee Merrill Lynch, claiming that Merrill Lynch committed fraud and breached its fiduciary duty by providing an intentionally misleading opinion to Conseco's Board of Directors (the "Board") pertaining to the financial soundness of Conseco's proposed acquisition of Green Tree Financial Corpo... More...

$0 (09-19-2006 - IN)