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Linarducci v. Murena - Court Denies Dismissal of Receiver's Ponzi Scheme Claims

The United States Bankruptcy Court for the Southern District of Indiana denied debtor Gerardo Lorenzo Linarducci's motion to dismiss, allowing the court-appointed receiver's claims under 11 U.S.C. § 523 to proceed. The claims seek to except from discharge approximately $5.9 million in commissions and $1.92 million in diverted funds traceable to the Drive Planning, LLC Ponzi scheme that defrauded more than 2,400 investors of approximately $380 million from 2020 to 2024. The denial permits the receiver to continue pursuing these non-dischargeable debt claims against Linarducci, who was Drive Planning's second-highest paid agent.

Summary Judgment Denied, Bankruptcy Wage Claim, $7,431

The United States Bankruptcy Court for the Southern District of Indiana denied Defendant Loc Buu Phan's motion for summary judgment on April 9, 2026 in Adversary Proceeding No. 25-50072. The debtor sought dismissal of creditor Yovani Navarrete's $7,431.38 wage claim, arguing no false representation or actual fraud occurred under 11 U.S.C. § 523(a)(2)(A). The court applied the summary judgment standard under Fed. R. Civ. P. 56 and found genuine issues of material fact remained for trial. Creditor had filed Proof of Claim No. 15-1 asserting the debt based on debtor's alleged failure to pay wages earned.