ORDER DENYING DEFENDANT'S MOTION JOHN P. GUSTAFSON , Bankruptcy Judge . This adversary proceeding is before the court on Defendant's "Motion To Order US Trustee to Provide a Copy of the Transcript of the Defendant's Deposition as Evidence and a Copy for the Defendant" ("Motion") [Doc. # 64] and Plaintiff's Objection to Defendant's Motion ("Objection") [Doc. # 65]. Defendant is the Debtor in the underlying Chapter 7 case pending in this court, and he is representing himself in this...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Attorney Kenneth L. Sheppard, Jr. has three fee applications pending before this court. The chapter 13 trustee, Toby L. Rosen ("Trustee") objected to all three applications. The court held a hearing on November 9, 2016 and took the matter under advisement. The following constitutes the court's finding of fact and conclusions of law under Federal Bankruptcy Rule 7052. The court has jurisdiction of this case and...
ORDER REGARDING FIRST AND FINAL FEE APPLICATION OF BARRON BUSINESS CONSULTING, INC. MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on the First and Final Fee Application of Barron Business Consulting, Inc., Financial Advisor for the Debtor, for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period September 1, 2016 through October 31, 2016 ("Fee Application"), [Doc. # 157], and AgChoice Farm Credit, ACA's response, [Doc. # 169]. The...
ORDER REGARDING FIRST AND FINAL FEE APPLICATION OF DAHL LAW LLC MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on the First and Final Application of Dahl Law LLC, Counsel for the Debtor, For Allowance and Payment of Compensation and Reimbursement of Expenses for the Period September 15, 2016 through November 14, 2016 ("Application"), [Doc. # 153], and AgChoice Farm Credit, ACA's response, [Doc. # 168]. The district court has jurisdiction over this Chapter 7 case...
ORDER DENYING DEFENDANT'S MOTION TO ORDER THE CLERK TO SERVE THE U.S. TRUSTEE A COPY OF THE DEFENDANT'S EXHIBITS JOHN P. GUSTAFSON , Bankruptcy Judge . This adversary proceeding is before the court on Defendant's "Motion To Order the Clerk to Serve the U.S. Trustee a Copy of the Defendant's Exhibits" ("Motion") [Doc. # 69]. Defendant is the Debtor in the underlying Chapter 7 case pending in this court, and he is representing himself in this adversary proceeding. Defendant's Exhibit List...
MEMORANDUM OF DECISION AND ORDER GRANTING MOTION TO COMPEL MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Plaintiff's motion to compel Defendant Northwest Ohio Technology Company, LLC ("NOTC") to respond to a certain interrogatory and request for production of documents ("Motion to Compel') [Doc. # 39], NOTC's opposition [Doc. # 40], and Plaintiff's reply [Doc. # 44]. Plaintiff is the Trustee in the underlying Chapter 7 case. He commenced this...
ORDER GRANTING MOTION TO DISMISS MARY ANN WHIPPLE , Bankruptcy Judge . This case came before the court for further hearing on the Motion to Dismiss filed by the United States Trustee. [Doc. #39]. Debtor's principal Bonnie Ostrander, counsel for Debtor, and attorneys for Pigott Ltd., Farmer & Merchants State Bank, the Lucas County Treasurer, and the United States Trustee all appeared in person. The district court has jurisdiction over this Chapter 11 case pursuant to 28 U.S.C. 1334(a)...
ORDER DENYING MOTION FOR CRAMDOWN AND CONFIRMATION OF PLAN MARY ANN WHIPPLE , Bankruptcy Judge . The court held an evidentiary hearing on Debtor's motion for cramdown and for confirmation of its proposed Amended Chapter 11 Plan. [Doc. # 120]. Debtor's principal Bonnie Ostrander, counsel for Debtor, and attorneys for Pigott Ltd., Farmer & Merchants State Bank, the Lucas County Treasurer, and the United States Trustee all appeared in person. The district court has jurisdiction over this...
NOT INTENDED FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is Mitchell and Cheri Bieniek's ("Debtors") Motion to Extend the Automatic Stay. On October 13, 2016, Debtors filed a Motion to Extend Automatic Stay arguing that the filing of this bankruptcy petition was in good faith due to changed circumstances. On October 21, 2016, Wayne Savings Bank ("Wayne Savings") filed an objection arguing that the extension serves only to delay the...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . This case is currently before the Court on the debtors' Motion for Sanctions for Violation of the Automatic Stay (Docket No. 13) stemming from the creditor GCB Properties III, Ltd. threatening an eviction action as well as making related collection efforts against the debtors in violation of the automatic stay. For the reasons that follow, the Court orders GCB Properties III, Ltd. to pay the debtors attorney's fees in the...
MEMORANDUM OF OPINION 1 Arthur I. Harris , United States Bankruptcy Judge . On November 11, 2015, the plaintiff-creditors, Sheen Falls Strategies, LLC, Daniel Geib, and Kevin McGinty, filed this adversary proceeding seeking a determination that three state court judgments entered in their favor and against the defendant-debtor, James Keane, are nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(4). The creditors allege that the debtor obtained the loans giving rise...
(NOT FOR PUBLICATION) MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Debtors filed a complaint under 11 U.S.C. 523(a)(8) on September 23, 2016 and paid a $350.00 filing fee. They now understand that they were not required to pay the filing fee and seek a refund. The court has subject matter jurisdiction of the underlying bankruptcy case pursuant to 28 U.S.C. 1334 and the general order of reference entered by the United States District Court for the Northern District of Ohio...
MEMORANDUM OF DECISION AND ORDER MARY ANN WHIPPLE , Bankruptcy Judge . This case came before the court for hearing on the Chapter 7 Trustee's Motion Objecting to Exemption [Doc. # 14] and Debtor's Response [Doc. # 15]. The Trustee and Debtor's attorney attended the hearing in person. On Schedule C filed with her petition, Debtor claims an exemption under Ohio Revised Code 2329.66(A)(11) in a $10,000 divorce decree award. The propriety of Debtor's claimed exemption raises two issues:...
MEMORANDUM DECISION FOLLOWING TRIAL ON PLAINTIFF'S ACTIONS FOR AVOIDANCE OF FRAUDULENT TRANSFER AND STATE-LAW PREFERENCE ALAN M. KOSCHIK , U.S. Bankruptcy Judge . INTRODUCTION Now before the Court are the claims asserted by Plaintiff Harold A. Corzin, the duly-appointed Chapter 7 Trustee (the "Plaintiff" or "Trustee") of the bankruptcy estate of debtor Anthony F. Maglione (the "Debtor") in this adversary proceeding against Defendant Ruth B. DiGiammarino (the "Defendant"), the mother of...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on motions for summary judgment filed by Plaintiff and by Defendants Tony Packo's Toledo, LLC, f/k/a TP Foods, LLC, and TPIP, LLC ("TPIP") (jointly, "TP Defendants" or "TP Foods") [Doc. ## 140 & 143], motions for summary judgment and oppositions to Plaintiff's and the TP Defendants' motions filed by the Nancy Packo Horvath Probate...
ORDER REGARDING MOTION TO STRIKE MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on a motion [Doc. # 159] filed by Defendant/Cross-Claimants Tony Packo's Toledo, LLC, f/k/a TP Foods, LLC, and TPIP, LLC ("TPIP") (jointly, "TP Defendants") to strike certain testimony, either by deposition or affidavit, of attorney Marvin Keller ("Motion to Strike"), oppositions filed by Defendants/Cross-Defendants Nancy Packo Horvath Probate Estate ("NPH Estate"), and the...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN M. KOSCHIK , U.S. Bankruptcy Judge . Now before the Court is the motion for summary judgment (the "Motion") filed by Defendant United States Department of Education (the "Defendant") against Plaintiff Beverly Louise Miraglia (the "Plaintiff"), the debtor in the underlying bankruptcy case in which this adversary proceeding arises. For the reasons set forth herein, the Defendant's Motion for Summary Judgment will be granted....
MEMORANDUM AND ORDER JOHN P. GUSTAFSON , Bankruptcy Judge . This cause comes before the court on Birdstone, Inc.'s ("Debtors") Motion to Request Determination by the Court of the Effect of Confirmation of the Plan Upon Preconfirmation Orders of Adequate Protection [Doc. #220] and the Response to Debtors' Motion to Request Determination by the Court of the Effect of Confirmation of the Plan Upon Preconfirmation Orders of Adequate Protection filed by First Federal Bank of the Midwest ("...
MEMORANDUM DECISION ON DEFENDANT NAVIENT SOLUTIONS, INC.'S MOTION TO DISMISS COUNTS TWO AND THREE FOR LACK OF SUBJECT MATTER JURISDICTION ALAN M. KOSCHIK , U.S. Bankruptcy Judge . Now before the Court is the motion ("Motion") to dismiss counts two and three of the complaint ("Complaint") of Debtor-Plaintiffs James M. Reed and Naomi M. Reed ("Debtors" or "Plaintiffs") for lack of subject matter jurisdiction, filed by defendant Navient Solutions, Inc. ("Navient") in the above-captioned...
MEMORANDUM DECISION REGARDING TRUSTEE'S FINAL REPORT AND RELATIVE PRIORITY OF CHAPTER 7 TRUSTEE FEES, PRE-CONVERSION UNITED STATES QUARTERLY FEES, AND PRE-CONVERSION CHAPTER 11 PROFESSIONAL FEES ALAN M. KOSCHIK , Bankruptcy Judge . Before this Court is the chapter 7 trustee's final report, a matter that is typically routine and requires little legal analysis. In this case, however, the relative priorities of certain administrative expense claims and bankruptcy fees in the context of a case...
