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Tuesday, March 31, 2009

Ind. Decisions - 7th Circuit issues one Indiana opinion today

In Re John W. Bartle (SD Ind., Judge Barker), is a 14-page opinion by Judge Rovner:

Debtor-appellant John W. Bartle owes the United States millions in unpaid taxes. In December 2004, he filed a voluntary bankruptcy petition under Chapter 11 of the Bankruptcy Code. Two and a half years after Bartle sought Chapter 11 protection, the United States moved to dismiss the bankruptcy on the ground that Bartle’s debts dwarfed his financial resources and he realistically could not effectuate a re- organization. The district court granted the motion with- out conducting a hearing and subsequently denied Bartle’s motion to alter or amend the dismissal order. Bartle appeals, contending that dismissal of the bank- ruptcy on less than twenty days’ notice and without the opportunity to be heard requires reversal. But because Bartle has not articulated what evidence or argument he would have presented in opposition to the government’s motion, we find any error to be harmless.

Posted by Marcia Oddi on March 31, 2009 11:15 AM
Posted to Ind. (7th Cir.) Decisions