father of Dustin McCowan, Amanda Bach’s convicted murderer, has filed for
Chapter 13 bankruptcy in federal court.
Chapter 13 allows a
person with a regular income to “adjust” debts, according to the federal
court system’s website.
filed for Chapter 13 on April 11.
In that filing
McCowan lists total assets of $103,750, consisting of his house in Hobart,
his 2011 Ford Mustang, furniture, and cash on hand. He lists total debts of
$15,162, $10,000 of that amount his car loan.
In addition, he
lists two parties holding “unsecured nonpriority claims” for unknown
amounts: Sandra and William Bach, Amanda’s parents, who have named McCowan
in a wrongful death suit; and American Family Mutual Insurance, McCowan’s
homeowner’s insurance company, which has also sued McCowan, on the grounds
that it has no obligation to cover either McCowan or his son for any claims
which might arise from the Bach’s wrongful death suit.
Dustin McCowan was
convicted on Feb. 26, 2013, of Amanda Bach’s murder and is serving a 60-year
sentence in the Pendleton Correction Facility in Madison County.
two-count suit states that, under the Indiana Child Wrongful Death statute,
Amanda’s parents are “entitled to recover for the loss of love, affection,
and companionship, attorney fees, costs of this action, burial, and funeral
bills.” The suit also alleges that Dustin McCowan used his father’s Smith &
Wesson .38 caliber Airlite revolver--still missing, never found by
investigators--to kill Amanda and that Elliott McCowan had a “duty to
properly secure his firearms when he was not home.”
The suit concludes
that a “direct and proximate cause of Amanda Bach’s death and fatal
shooting” was Elliott McCowan’s “carelessness and negligence.”
Mutual Insurance, meanwhile, contends in its own suit that Elliott McCowan’s
homeowner’s insurance policy--which has a liability limit of $500,000 per
occurrence of bodily injury--specifically does not cover incidents
when the injury is caused intentionally or when it arises out of a violation
of any criminal law. Also excluded from coverage, the company contends: any
punitive or exemplary damages.
Mutual insurance is asking a judge to declare that the policy covers neither
McCowan for any claims arising from the murder; and that the company has no
obligation to defend or indemnify either McCowan against any claims made in
the Bachs’ suit, no obligation to compromise or settle any such claim, and
no obligation to pay in any part any judgment rendered against either or