Kent Lindquist
How Judge Lindquist rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Lindquist no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lindquist decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A defective mortgage acknowledgment defeated constructive notice and permitted the debtors to avoid the lien.
“the acknowledgment of the mortgage is defective and not in compliance with I.C. 32-1-2-23.”
A pre-bar-date objection could function as a timely informal proof of claim and support a later formal amendment.
“the creditor’s objection filed on September 21, 1989, to the Debtor’s original plan prior to the bar date to file claims constitutes a timely informal proof of claim.”
Procedural preferences
Serial filings could support dismissal and a temporary refiling injunction when the record showed bad faith and abuse of the bankruptcy process.
“this chapter 13 case is dismissed for cause pursuant to 11 U.S.C. § 1307(c) as being filed in bad faith.”
When later distribution facts remained unsettled, the court preserved a supplemental claim rather than entering whole-case summary judgment.
“The Court concludes that it shall enter an interlocutory Order pursuant to Fed.R.Civ.P. 56(d)”
Cautions
A duplicative petition filed while another bankruptcy case remained pending drew dismissal, monetary sanctions, and retroactive annulment of the stay.
“petition was filed by the Debtor in bad faith”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court entered judgment after trial that the check debt, interest, and costs were nondischargeable, while declining unproved attorney fees.
“the Debtor’s motion to vacate his discharge order and convert this case to one under chapter 13 is hereby DENIED.”
“1. That the Debtor’s Petition is hereby dismissed instanter.”
The court addressed the governing standards for post-confirmation plan modification but deferred the creditor's objection for an evidentiary hearing.
“ORDERED, ADJUDGED, AND DECREED, that the Respondent is in civil contempt of this Court for knowingly violating the Court’s docket entry order of August 4, 1990 and its order of August 21, 1990.”
“the Plaintiff is entitled to a summary judgment as a matter of law.”
“the Department is entitled to a summary judgment as a matter of law.”
“the creditor’s motion to Amend its Proof of Claim after the Bar Date is hereby GRANTED”
“the Trustee’s objection thereto is hereby DENIED.”
“EKC is hereby granted a partial summary judgment in that the controlling legal principle, in determining EKC’s administrative claim, will be the reasonable rental value of the leased equipment, and said claim shall not be based on actual use and occupancy of the leased equipment by the Debtor.”
“the Defendant’s Motion for Summary Judgment is DENIED”
“the Plaintiffs’ Motion for Summary Judgment is GRANTED.”
“this chapter 13 case is dismissed for cause pursuant to 11 U.S.C. § 1307(c) as being filed in bad faith.”
The court decided a legal issue concerning attorney fees in an oversecured claim but left the debtor's claim objection for a later conference.
A historical record
Judge Lindquist no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.