(Chapter 7) MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT S. Martin Teel, Jr. , United States Bankruptcy Judge . The amended complaint filed by the plaintiff Parker seeks damages for the defendant SBA's violation of the automatic stay based on the SBA's failure, upon commencement of Parker's bankruptcy case, to cease collecting the debt owed the SBA by way of setoff against Parker's monthly Social Security benefits. The SBA filed a motion for judgment (Dkt. No. 43)...
(Chapter 7) MEMORANDUM DECISION RE CROSS-MOTIONS FOR SUMMARY JUDGMENT S. Martin Teel, Jr., United States Bankruptcy Judge. The court will grant the defendant's motion for summary judgment (and deny the plaintiff's) for the following reasons. I Mostafa A. El-Erian and Joan Thomas El-Erian are debtors in a case commenced in 2012 under chapter 7 of the Bankruptcy Code (11 U.S.C.). Marc E. Albert, the trustee in that case, seeks in this adversary proceeding to avoid the lien, granted by a...
(Chapter 11) MEMORANDUM DECISION RE DAVID BROOKS' MOTION SEEKING SANCTIONS FOR DEBTOR'S FAILURE TO OBEY COURT ORDER TO PRODUCE DOCUMENTS AND ATTEND RULE 2004 EXAMINATION S. Martin Teel, Jr., United States Bankruptcy Judge. On November 25, 2013, this court ordered that an examination by creditor David Brooks of Michael Rosebar, the debtor, take place at Stinson Morrison Hecker LLP on December 2, 2013 unless the parties agreed in writing to a different date, with the debtor to produce certain...
(Chapter 11) MEMORANDUM DECISION RE REQUEST TO DISMISS ON GROUNDS OF MOOTNESS S. Martin Teel, Jr., United States Bankruptcy Judge. The Federal Deposit Insurance Corporation, as Receiver of AmTrust Bank ("FDIC"), is involved in claims litigation with the debtors, AmFin Financial Corporation and several of its affiliates, in the United States Bankruptcy Court for the Northern District of Ohio. In connection with that litigation, on September 25, 2013, the debtors served a subpoena on Ms....
(Chapter 11) MEMORANDUM DECISION RE DEBOR'S MOTION SEEKING SANCTIONS AND DAMAGES FOR VIOLATION OF THE AUTOMATIC STAY AND FALSE IMPRISONMENT S. Martin Teel, Jr., United States Bankruptcy Judge The debtor has filed a Motion to Show Cause Why Sanctions Should Not Be Imposed on the Parties Named Below for Violating the Automatic Stay and Damages for False Imprisonment (Dkt. No. 63). The Motion will be denied for the following reasons. I BACKGROUND The debtor owns a unit at a condo...
