OPINION MARCI B. McIVOR, Chief Judge. Southeast Waffles, LLC ("Debtor") appeals an order of the bankruptcy court granting a motion to dismiss its adversary complaint against the United States Department of Treasury/Internal Revenue Service ("IRS") pursuant to Federal Rule of Civil Procedure 12(b)(6). In its adversary complaint, the Debtor sought avoidance and recovery of noncompensatory penalty payments made to the IRS pursuant to 11 U.S.C. 548 and 550, as well as the Tennessee Uniform...
OPINION ARTHUR I. HARRIS, Bankruptcy Judge. After reviewing the record and the parties' briefs, the Panel determines that the bankruptcy court did not err in granting summary judgment against the trustee and in favor of BAC Home Loans Servicing, LP. We therefore affirm for the reasons stated in the bankruptcy court's well-written opinion entered on March 23, 2011, Rhiel v. BAC Home Loans Servicing, LP, (In re Foster), 448 B.R. 914 (Bankr. S.D.Ohio 2011), and for the reasons stated in the...
OPINION THOMAS FULTON, Bankruptcy Judge. Appellant appeals the bankruptcy court's September 22, 2010 order (the "Appealed Order"), which held that the deadline set forth in 11 U.S.C. 365(d)(4) for assuming a nonresidential real property lease is satisfied upon the debtor filing a motion to assume the lease. For the reasons that follow, we AFFIRM the Appealed Order. I. ISSUES ON APPEAL Is the deadline set forth in 11 U.S.C. 365(d)(4) for assuming a nonresidential real property lease...
OPINION STEVEN RHODES, Bankruptcy Judge. J. James Rogan, the trustee in this chapter 7 case, appeals an opinion and order of the bankruptcy court dismissing his complaint. The complaint sought a declaratory judgment to determine the validity, extent, and priority of liens on the real property of the debtor, Elizabeth Collins, held by defendants Litton Loan Servicing, Bank of New York, GMAC Mortgage, and Wilmington Finance. The trustee also appeals an opinion and order of the bankruptcy court...
OPINION ARTHUR I. HARRIS, Bankruptcy Judge. In this appeal, Russell Looney ("debtor") appeals the bankruptcy court's determination that the debt he owed to Old Republic Title Company of Tennessee ("Old Republic"), in the amount of $286,940, is nondischargeable. For the reasons that follow, we AFFIRM. I. ISSUE ON APPEAL The issue on appeal is whether the bankruptcy court erred when it found the debt debtor owed to Old Republic, which had been reduced to judgment by a state court settlement...
OPINION MARILYN SHEA-STONUM, Bankruptcy Judge. This is an appeal from an order granting summary judgment to the Chapter 7 Trustee (the "Trustee") and denying summary judgment to Fifth Third Mortgage Company ("Fifth Third") on the Trustee's complaint pursuant to 11 U.S.C. 544 seeking to avoid the mortgage held by Fifth Third on real property owned by the Debtors. I. ISSUES ON APPEAL This appeal raises the issue of what is necessary to create a valid, enforceable mortgage against a person'...
OPINION MARCI B. McIVOR, Bankruptcy Appellate Panel Judge. J. James Rogan, chapter 7 trustee, appeals an order of the bankruptcy court granting summary judgment in favor of American General Home Equity, Inc. on the Trustee's adversary complaint seeking to avoid a mortgage granted to American General by chapter 7 debtor Donna Brockman on the grounds that the mortgage did not properly describe the property encumbered by the mortgage. I. ISSUE ON APPEAL The issue presented by this appeal is...
OPINION MARCI B. McIVOR, Bankruptcy Appellate Panel Judge. In this appeal, Anthony M. Zingale and Barbara A. Zingale appeal the bankruptcy court's order sustaining the Chapter 7 Trustee's objection to the Debtors' claim of exemption. The Debtors are seeking to exempt the non-refundable portion of the Child Tax Credit claimed by the Debtors on their 2009 federal income tax return. The bankruptcy court held that the Debtors could not claim as exempt the non-refundable portion of the Child Tax...
OPINION ARTHUR I. HARRIS, Bankruptcy Appellate Panel Judge. James D. Lyon, Chapter 7 Trustee for the debtor, appeals an order of the bankruptcy court dismissing an adversary proceeding with prejudice pursuant to Federal Rules of Civil Procedure 8, 12(b)(7), and 19. For the reasons that follow, we (1) AFFIRM dismissal to the extent it is based on a claim of actual fraud under 11 U.S.C. 548(a)(1)(A); (2) REVERSE dismissal to the extent it is based on Rule 19 and Rule 12(b)(7); and (3) REMAND...
OPINION ARTHUR I. HARRIS, Bankruptcy Appellate Panel Judge. James D. Lyon, Chapter 7 Trustee for the debtor, appeals an order of the bankruptcy court dismissing an adversary proceeding with prejudice pursuant to Federal Rules of Civil Procedure 8, 12(b)(7), and 19. For the reasons that follow, we (1) AFFIRM dismissal to the extent it is based on a claim of actual fraud under 11 U.S.C. 548(a)(1)(A); (2) REVERSE dismissal to the extent it is based on Rule 19 and Rule 12(b)(7); and (3) REMAND...
OPINION ARTHUR I. HARRIS, Bankruptcy Judge. Auto-Owners Insurance a/k/a Owners Insurance Company and Allen Jarvis appeal an order of the bankruptcy court granting a motion to remand a case to the state court from which it was removed. For the reasons that follow, we DISMISS the appeal for want of jurisdiction. I. ISSUES ON APPEAL The issues presented by this appeal are centered around the question of whether a state court action brought by insureds against their insurance company and...
B. DISCUSSION, C G argues that the bankruptcy court abused its discretion because it misapplied § 726(b) in denying C G's final fee application, granting the Trustee's application and directing the disgorgement of the retainer despite the existence of a retaining lien under state law.
, The Bankruptcy Act of 1867 was still more expansive and allowed debtors to exempt property under the laws of the State in which the bankrupt has his domicile at the time of the commencement of proceedings in bankruptcy, to an amount not exceeding that allowed by such State exemption laws.
, *392 Susan L. Rhiel, Rhiel Associates Co., LPA, Columbus, OH, for Appellant.OPINION, ARTHUR I. HARRIS, Bankruptcy Judge. S.D.Ohio 2011), and for the reasons stated in the Bankruptcy Appellate Panel's opinion entered on June 24, 2011, Rogan v. Fifth Third Mortgage Co., (In re Rowe), 452 B.R.
I. ISSUE ON APPEAL, Did the bankruptcy court abuse its discretion in dismissing the Debtor's chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307 for failure to complete mandatory prepetition credit counseling prior to filing his petition as required by 11 U.S.C. § 109(h)(1)
Debtor alleges that the prepetition partial payment of its tax liability constitutes an avoidable fraudulent transfer because the IRS applied the payment to the penalty portion of the liability rather than the tax and interest. Debtor does not state a single fact in dispute.
credit bid $413, 560.27. The [Bank] shall discharge and release any and all mortgages given to secure repayment of the notes with regard to the Debtor's property in Michigan and Wisconsin, in particular the [Wisconsin Property]. 286, 289, 133 L. Ed. 2d 258 (1995) (quoting Studley v. Boylston Nat.
A. The History of the First Note and Mortgage (Litton Loan Servicing and Bank of New York), On the day after the first mortgage was recorded, February 5, 2005, Wilmington Finance assigned the mortgage to Mortgage Electronic Registration Systems, Inc. (MERS). claim 1-1. (GMAC Mortgage's Br.
I. ISSUE ON APPEAL, The issue on appeal is whether the bankruptcy court erred when it found the debt debtor owed to Old Republic, which had been reduced to judgment by a state court settlement agreement, nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). (Trial Ex. 2205, 60 L. Ed. 2d 767;
In fact, no Ohio state court has addressed this issue. Additionally, Ohio cases interpreting earlier versions of the exemption statute also recognized that the right to a homestead exemption in Ohio is indisputable if the debtor is living on the property at the time the exemption is claimed.
