MUIR et al v. MCWILLIAMS et al
Appellant: AARON MUIR and STEPHANIE MUIR
Appellee: TARA MCWILLIAMS and MATTHEW MCWILLIAMS
Case Number: 1:2014cv00212
Filed: February 13, 2014
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A. Baker
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 30, 2014 Opinion or Order Filing 11 CLOSED REMANDED - The Court agrees with the Bankruptcy Court that if the McWilliams' claim falls within § 523(a)(3)(B), the State Court and the Bankruptcy Court would have concurrent jurisdiction to determine dischargeability of the debt associated with that claim, and that if it falls outside of § 523(a)(3)(B) the Bankruptcy Court would have exclusive jurisdiction to decide that issue. The Court disagrees, however, with the Bankruptcy Court's conclusion that the McWilliams ' claim falls within § 523(a)(3)(B)'s parameters. Accordingly, the Court REVERSES the Bankruptcy Court's grant of the McWilliams' Motion to Dismiss and its dismissal of the Second Adversary Proceeding, and holds that the McWi lliams' claim does not fall within § 523(a)(3)(B) because the Muirs did not know about it until after receiving their Chapter 7 discharge. As a result, the Bankruptcy Court has exclusive jurisdiction to determine whether the debt associated with the McWilliams' claim is dischargeable, and the Court REMANDS this matter to the Bankruptcy Court and ORDERS the Bankruptcy Court to reinstate the Second Adversary Proceeding and to resolve the issue of dischargeability on the merits. Signed by Judge Jane Magnus-Stinson on 6/30/2014.(JKS)
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Appellant: AARON MUIR
Represented By: Julie A. Camden
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Appellant: STEPHANIE MUIR
Represented By: Julie A. Camden
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Appellee: TARA MCWILLIAMS
Represented By: Wesley N. Steury
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Appellee: MATTHEW MCWILLIAMS
Represented By: Wesley N. Steury
Represented By: Jeremy Jeffrey Grogg
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