MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . The court must determine whether it has authority to enter final orders or judgment in this adversary proceeding. Lonnie Sweitzer ("Plaintiff") filed this adversary proceeding against chapter 13 debtor Eric R. Gallite ("Defendant") on December 2, 2019. The complaint sets forth several state law claims relating to Rebuild 911, LLC's ("Rebuild") alleged failure to properly repair Plaintiff's residence. Plaintiff's claims include breach...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . I. INTRODUCTION The dispute in this matter revolves around whether, and to what extent, courts should consider money received by a debtor as charity for purposes of Brunner v. N.Y. State Higher Educ. Servs. Corp. (In re Brunner) , 831 F.2d 395 (2d Cir. 1987). Plaintiff filed this adversary proceeding against multiple entities, seeking a discharge of her student loans pursuant to 11 U.S.C. 523(a)(8)....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This case is a prime example of the unfairness of the rigid application of the so-called "means test" to a debtor under 11 U.S.C. 707(b)(2). Debtor and her husband were previously granted a dissolution of marriage. As part of a settlement agreement, Debtor's husband agreed to keep real property located at 10341 W. Old Lincoln Way, Wooster Ohio 44691 (the "Lincoln Way Property") and hold Debtor harmless on the...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Before the court are competing motions for summary judgment. Plaintiff, the chapter 7 trustee, seeks turnover of property awarded to Debtor in her 1981 divorce from Defendant. Defendant opposes turnover. The court has jurisdiction of this proceeding under 28 U.S.C. 1334(b) and the general order of reference entered by the United States District Court on April 4, 2012. This is a statutorily core proceeding under...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . In a motion filed on January 7, 2020, Debtor seeks contempt sanctions against creditors Patricia Heath ("Heath"), Scott Swearingen ("Swearingen") and Alan and Loretta Coogan ("Coogans") (collectively "Creditors") for violating the automatic stay. Creditors deny any violation. The court held a non-evidentiary hearing on February 3, 2020. The court has subject matter jurisdiction of this case under 28 U.S.C. 1334...
MEMORANDUM OF DECISION AND ORDER JOHN P. GUSTAFSON , Bankruptcy Judge . This Adversary Proceeding is before the court for decision after trial on Plaintiff Daniel M. McDermott, United States Trustee's ("UST") Complaint [Doc. #1] against Defendant David L. Van Auken 1 ("Defendant-Debtor"). In the Complaint, Plaintiff seeks a denial of Defendant-Debtor's discharge under 11 U.S.C. 727(a)(2) and (a)(4). [Doc #1, pp. 11-14]. Specifically, the UST alleges that Defendant-Debtor's Schedules and...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This case is before the court following two denials of confirmation, a claim objection, and a motion to determine property value. The court has subject matter jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference issued by the United States District Court for the Northern District of Ohio. General Order 2012-7. The court has authority to enter final orders in this matter. Pursuant to...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Debtor wants to reopen his chapter 7 case for the fourth time. No objections were filed. The court has subject matter jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference issued by the United States District Court for the Northern District of Ohio. General Order 2012-7. The court has authority to enter final orders in this matter. Pursuant to 28 U.S.C. 1409, venue in this court is...
(NOT FOR PUBLICATION) MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Defendant moved to set aside the default judgment entered on October 29, 2019. Plaintiff opposes the motion. The court has jurisdiction of this proceeding under 28 U.S.C. 1334(b) and the general order of reference entered by the United States District Court on April 4, 2012. This is a statutorily core proceeding under 28 U.S.C. 157(b)(2)(F) and the court has authority to issue final entries. Pursuant to 11 U....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . I. Introduction This case stands as proof of the regrettable proposition that debtors are bound by the actions and inactions of their lawyers. American Education Services ("AES"), one of Debtor's student loan creditors, did not file proofs of claims in this case. In order to ensure that his debt to AES would be paid through his plan, Debtor filed claims on AES' behalf. See 11 U.S.C. 501(c). But Debtor was late—...
MEMORANDUM DECISION AND ORDER RE: MOTION TO DISMISS JOHN P. GUSTAFSON , Bankruptcy Judge . This case is before the court on Creditor Pender Capital Asset Based Lending Fund I, LP's ("Pender") Motion to Dismiss ("Motion") [Doc. #20], filed on December 12, 2019. Debtor California Palms, LLC, Non-Debtor California Palms Addiction Recovery Campus, Inc., and Interested Party Sebastian Rucci ("California Palms 1 ") filed a Response to Pender's Motion to Dismiss [Doc. #37] on December 26, 2019....
MEMORANDUM OF DECISION AND ORDER MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Plaintiff's "Complaint to Determine Dischargeability of a Debt" ("Complaint") [Doc. #1]. Defendant is the debtor in underlying Chapter 7 Case No. 18-33999 in this court. No attorney has entered an appearance on his behalf in this adversary proceeding. Plaintiff is a creditor of the Defendant. On April 24, 2019, the Clerk issued a summons and notice of pretrial [Doc. #2]....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is Debtor's motion for leave to file this case. No objections were filed. The court has jurisdiction of this case and matter under 28 U.S.C. 1334 and General Order 2012-7 entered by the United States District Court for the Northern District of Ohio on April 4, 2012. The court has the authority to issue final orders pursuant to 28 U.S.C. 157(b)(1). Venue in this district is appropriate...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . On May 28, 2019, the U.S. Trustee moved to dismiss this Chapter 7 case for abuse under 11 U.S.C. 707(b). On June 19, 2019, the Court set the matter for an evidentiary hearing to be held on November 14, 2019. On October 14, 2019, the debtor timely moved for summary judgment. The debtor contends that the U.S. Trustee's motion must be denied because the debtor's debts are not primarily consumer debts as defined in 11 U.S.C....
ORDER OVERRULING OBJECTION TO CLAIM #5 RUSS KENDIG , Bankruptcy Judge . Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt. The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. 502; In re Diehl , Case No. 18-60608 (Bankr. N.D....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is the Objection to CitiFinancial Servicing LLC's Scheduled Proof of Claim (the "Objection"), filed by Darryl S. Bair ("Debtor") on September 30, 2019. No responses were filed. The court has subject matter jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference issued by the United States District Court for the Northern District of Ohio. General Order 2012-7. This...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is Debtor's unopposed claim objection. The court has jurisdiction of this case and matter under 28 U.S.C. 1334. It is a statutorily core matter under 28 U.S.C. 157(b)(2)(B) and the court has the authority to issue final orders. Venue in this district is appropriate under 11 U.S.C. 1409. The following constitutes the court's finding of fact and conclusions of law under Federal Bankruptcy...
MEMORANDUM OF DECISION AND ORDER RE: SUMMARY JUDGMENT MOTION MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on a Motion for Summary Judgment [Doc. # 11] filed by Plaintiff Ericka S. Parker, the trustee in the underlying Chapter 7 bankruptcy case ("Plaintiff" or "Trustee"). Defendant Matthew A. Stark ("Defendant" or "Debtor") is the debtor in the underlying Chapter 7 case. The Trustee's complaint seeks revocation of Defendant's discharge under 11 U.S.C....
MOTION OF DEFENDANT FOR LEAVE TO FILE AN AMENDED ANSWER RUSS KENDIG , Bankruptcy Judge . Now comes Defendant Mirza N. Ahmad, M.D., pursuant to Rule 7015 of the Federal Rules of Bankruptcy Procedure and Rule 15(a)(2) of the Federal Rules of Civil Procedure, and hereby respectfully requests that this Honorable Court grant Defendant leave to file an Amended Answer in order to add the Affirmative Defenses of the expiration of the applicable statutes of limitations pursuant to Ohio...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTIONS TO DISMISS MARY ANN WHIPPLE , Bankruptcy Judge . The case is before the court for decision after an evidentiary hearing on a motion to dismiss filed by Waterford Bank, N.A. ("Waterford" or "Movant") [Doc. # 26] and Debtor's objection to the motion [Doc. # 31]. Debtor Althaus Family Investors Ltd. ("Debtor" or "AFI") voluntarily commenced this Chapter 11 case on July 26, 2019. Movant brings its motion seeking dismissal "for cause" under...
