Summary
The Indiana Supreme Court accepts a certified question from the United States Bankruptcy Court for the Northern District of Indiana concerning the interpretation of Indiana Code section 27-1-12-14(e). The order establishes briefing, appendix, filing, service, appearance, and extension-of-time procedures for the certified-question proceeding.
Topics
Practice areas
Questions Presented
- Whether the Indiana Supreme Court should accept a question certified by the United States Bankruptcy Court for the Northern District of Indiana even though Indiana Appellate Rule 64(A) expressly refers to certification by the United States Supreme Court, a federal circuit court of appeals, or a federal district court.
- Whether the phrase "dependent upon such person" in Indiana Code section 27-1-12-14(e) modifies only "any relative" or also modifies "spouse" and "children".
Holdings
- The Indiana Supreme Court accepted the certified question by exercising its authority under Indiana Appellate Rule 1 to deviate from the exact requirements of Appellate Rule 64(A).
Key quotations
“The certified question, which each member of this Court has considered, is hereby ACCEPTED.” (9 N.E.3d at 145)
“Although Indiana Appellate Rule 64 specifically applies to questions of Indiana state law certified to this Court from “[t]he United States Supreme Court, any federal circuit court of appeals, or any federal district court,” see Ind. Appellate Rule 64(A), we exercise our authority under Appellate Rule 1 to deviate from the exact strictures of Appellate Rule 64(A) and accept this certified question from a United States Bankruptcy Court.” (9 N.E.3d at 145)
Factual background
The underlying matter was a bankruptcy case involving Dennis Alan Howell. The bankruptcy court certified an Indiana statutory-interpretation question concerning whether the phrase "dependent upon such person" in Indiana Code section 27-1-12-14(e) modifies only "any relative" or also modifies "spouse" and "children." The Indiana Supreme Court's order addressed acceptance of the certified question and did not decide the underlying statutory question.
Procedural history
The certified question arose in the bankruptcy case Matter of Dennis Alan Howell Debtor, Case No. 14-30094 HCD, pending in the United States Bankruptcy Court for the Northern District of Indiana. The Indiana Supreme Court accepted the certified question under Indiana Appellate Rule 1, notwithstanding that Appellate Rule 64(A) expressly identifies other federal courts as sources of certified questions. The court then established briefing, appendix, service, appearance, and extension-of-time procedures.