James P. Moloy

Representative Matters: In re USA Gymnastics, Case No. 18-09108 (Bankr. S.D. Ind. 2018) (co-counsel for insurer in Chapter 11 case resolving mass tort claims); In re hhgregg, Inc., Case No. 17-01302 (Bankr. S.D. Ind. 2017) (defended former officers and director from creditors committee's fiduciary duty claims); Gibson v. Tucker, 478 B.R. 906 (S.D. Ind. 2012) (represented a trustee on appeal from the entry of a bankruptcy court judgment setting aside fraudulent conveyances. In a case of first impression in this district, the district court construed Stern v. Marshall (U.S. 2011) and held that although Article I bankruptcy courts lack constitutional authority to enter final judgment on fraudulent conveyance claims, the parties may consent to the exercise of such authority.); Precision Industries, Inc. v. Qualitech Steel SBQ, LLC, 327 F.3d 537 (7th Cir. 2003) (deciding issue of first impression at circuit level, held that sale of assets under 363 allowed sale free of tenant's possessory interest); Matter of Cajun Elec. Power Co-op, Inc., 109 F.3d 248 (5th Cir. 1997) (represented rural electric coops in contesting federal government's right to preempt state jurisdiction over rates charged by Chapter 11 debtor-utility); Matter of Wabash Valley Power Ass'n, Inc., 72 F.3d 1305 (7th Cir. 1995) (defended confirmation of nonprofit electric utility's plan over objections of the federal government that the plan violated the absolute priority rule); In re Roberts, 431 B.R. 914 (Bankr. S.D. Ind. 2010) (construing 11 U.S.C. 1328(a)(4), court held that a pre-petition judgment is not a prerequisite to nondischargeability of damages from willful/malicious personal injuries); Equicor Development, Inc. v. Westfield-Washington Twp. Plan Com'n, 758 N.E.2d 34 (Ind. 2001) (obtained reversal for client developer from plan commission's disapproval of plat); Brewer v. EMC Mortgage Corp., 743 N.E.2d 322 (Ind. App. 2001) (successfully represented mortgagee's claim to tax sale proceeds); Finucane v. Union Planters, N.A., 732 N.E.2d 175 (Ind. App. 2000) (successfully represented mortgagee in setting aside sheriff's sale over objections of buyer); In re Amcast Automotive of Indiana, Inc., Case No. 05-33322 (Bankr. S.D. Ind. 2005) (co-counsel for debtor, tier one supplier to GM); In re American Commercial Lines, LLC, Case No. 03-90305 (Bankr. S.D. Ind. 2003) (co-counsel for unsecured creditors committee in reorganization of barge company); In re CART, Inc., Case No. 03-23385 (Bankr. S.D. Ind. 2003) (represented buyers in contested auction of CART racing assets); In re American General Financial Center, 99-92144 (Bankr. S.D. Ind. 1999) (represented official creditors committee)