OPINION MARIAN F. HARRISON, Bankruptcy Appellate Panel Judge. ECM Chemicals, LLC, and Edward C. Morris ("Appellants") appeal the order of the United States Bankruptcy Court for the Northern District of Ohio ("Bankruptcy Court") denying their Motion to Enforce Order Approving Compromise of Claims. Specifically, the Appellants seek to stop Ergon Refining, Inc., and Rentwear, Inc. ("Appellees") 1 from pursuing successor liability claims against them based on the Chapter 7 Trustee's compromise...
OPINION GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge. In this appeal, George C. Daher ("Debtor") and John W. Gold, his counsel (sometimes collectively, "Appellants") take issue with the bankruptcy court's decision that certain insurance proceeds are property of the bankruptcy estate. For the reasons stated herein, the Panel concludes that the insurance proceeds constituted property in which Debtor had an interest at the time of filing of the bankruptcy case, and therefore are indeed...
OPINION MARIAN F. HARRISON , Bankruptcy Judge . ECM Chemicals, LLC, and Edward C. Morris ("Appellants") appeal the order of the United States Bankruptcy Court for the Northern District of Ohio ("Bankruptcy Court") denying their Motion to Enforce Order Approving Compromise of Claims. Specifically, the Appellants seek to stop Ergon Refining, Inc., and Rentwear, Inc. ("Appellees") 1 from pursuing successor liability claims against them based on the Chapter 7 Trustee's compromise of the...
OPINION GUY R. HUMPHREY, Bankruptcy Judge. Bankruptcy Appellate Panel Judge. Appellants were shareholders and directors of the corporate debtor prior to its liquidation. They filed an adversary complaint alleging malpractice against the Debtor's bankruptcy attorneys. On September 20, 2012, the bankruptcy court granted the Defendants' and Trustee's motions to dismiss the adversary proceeding. The bankruptcy court held that Appellants did not have standing to bring the complaint. Additionally,...
OPINION DANIEL S. OPPERMAN, Bankruptcy Judge. The issue on appeal before the Panel is whether the bankruptcy court erred in avoiding the transfer of real property to Carolyn Blackwell pursuant to 11 U.S.C. 548 and ordering recovery of transferred property from Carolyn Blackwell pursuant to 11 U.S.C. 550 and in denying Carolyn Blackwell a claim pursuant to 11 U.S.C. 550(e). After reviewing the record, the parties' briefs, and applicable law, the Panel concludes that the bankruptcy...
OPINION JOAN A. LLOYD, Bankruptcy Judge. Plaintiff-Debtor Colleen Renee Trudel (the "Debtor") appeals, pro se, the October 28, 2013 order of the Bankruptcy Court for the Northern District of Ohio (the "Bankruptcy Court") determining that the Debtor was not entitled to an undue hardship discharge of her student loans under 11 U.S.C. 523(a)(8). For the reasons that follow, the Panel affirms the Bankruptcy Court's order. ISSUES In this Appeal, the Panel must consider whether the Debtor's...
OPINION GUY R. HUMPHREY, Bankruptcy Judge. Debtor 1 appeals the order overruling his objection to a proof of claim filed by his ex-wife asserting a priority domestic support obligation debt for $12,500. The bankruptcy court applied the Calhoun test and found the debt ordered to be paid by the domestic relations court to the debtor's former spouse on account of her payment of a judgment lien and second mortgage against the former marital residence from proceeds from the sale of the home was...
OPINION GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge. Kraus Anderson Capital, Inc. ("Lender") appeals the decision of the Bankruptcy Court determining that the debt owed by Dean R. Bradley ("Debtor") is dischargeable. The adversary complaint asserted causes of action under 11 U.S.C. 523(a)(2)(A), (a)(4) and (a)(6) based on Lender's claim that Debtor's failure to remit the proceeds of the sale of collateral in breach of the terms of certain agreements and his false...
OPINION GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge. OVERVIEW The Liquidating Trustee of the App Fuels Creditors Trust ("Liquidating Trustee") pursued an adversary complaint against Paonia Resources, LLC ("Paonia"), Greenebaum Doll & McDonald PLLC 1 ("Bingham Greenebaum") and other defendants seeking to recover fraudulent transfers pursuant to 11 U.S.C. 544, 548 and 550, made in the years prior to the filing of the bankruptcy petition. The complaint alleges that Paonia received a...
OPINION MARIAN F. HARRISON, Bankruptcy Judge. Debtor Andrea M. Cain (the "Debtor") appeals the August 9, 2013 order of the United States Bankruptcy Court for the Northern District of Ohio (the "Bankruptcy Court") denying the Debtor's unopposed Motion to Avoid the Mortgage Lien of Amerifirst Home Improvement Financial Company ("Amerifirst"). For the reasons that follow, the Panel REVERSES the Bankruptcy Court's denial of the Debtor's Motion to Avoid the Mortgage Lien of Amerifirst. I. ISSUES...
