OPINION MEMORANDUM OF OPINION (NOT FOR PUBLICATION) RUSS KENDIG Bankruptcy Judge . Now before the court is Plaintiff's motion for summary judgment brought pursuant to Bankruptcy Rule 7056. Defendant 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)(I) and the court has authority to...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . On November 10, 2016, the Court ordered creditor GCB Properties III, Ltd., to pay the debtors $1,680 in attorney's fees as damages for willful violation of the automatic stay. Rather than pay the debtors $1,680, the creditor advised that it would instead exercise its right of setoff by crediting the debtors $1,680 toward postpetition rent the debtors allegedly owed as holdover tenants. The debtors then moved for an order...
ORDER DENYING REQUEST FOR VOLUNTARY DISMISSAL MARY ANN WHIPPLE , Bankruptcy Judge . The court held a hearing on November 30, 2017, on Debtor's motion asking for voluntary dismissal of this Chapter 7 case. [Doc. # 61]. The Chapter 7 Trustee opposes the motion. [Doc. # 67]. Debtor, who is now representing himself, did not appear at the hearing. The Chapter 7 Trustee and creditors Irene Swaim and Rachel Linette:Cook, representing themselves, appeared by telephone at the hearing. 1 Debtor,...
MEMORANDUM OPINION REGARDING (i) SECOND AMENDED MOTION TO EXTEND THE AUTOMATIC STAY; AND (ii) MOTION TO CONTINUE KAY WOODS , Bankruptcy Judge . This cause is before the Court on 2 nd [sic] Amended Motion to Extend the Automatic Stay Pursuant to 11 U.S.C. 363(c)(2)(B) [sic] and/or Impose the Automatic Stay ("Second Motion") (Doc. 18) filed by Debtor Aaron J. Miller on November 14, 2017. The Second Motion amends Motion to Extend the Automatic Stay Pursuant to 11 U.S.C. 362(c)(2)(B) [sic]...
(NOT FOR PUBLICATION) MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is Defendant's motion for summary judgment brought pursuant to Bankruptcy Rule 7056. 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)(I) and the court has authority to issue...
MEMORANDUM OF DECISION MARY ANN WHIPPLE , Bankruptcy Judge This adversary proceeding is before the court for decision after trial on Plaintiff's pro se "Complaint for Determination of Dischargeability and Objecting to Debtor's Discharge." Defendant is the debtor in the underlying Chapter 7 case pending in this court. He is also representing himself in this adversary proceeding. In her complaint, Plaintiff alleges that Defendant should be denied a discharge under 11 U.S.C. 727(a)(3)...
MEMORANDUM OF DECISION AND ORDER MARY ANN WHIPPLE , Bankruptcy Judge . This matter comes before the Court upon the Motion of the United States Trustee to Dismiss for Abuse Pursuant to 11 U.S.C. 707(b)(1), (b)(2), & (b)(3), ("Motion to Dismiss") [Doc.# 14 ] and Debtor's objection [Doc. # 18]. A hearing was held that Debtor, his counsel and counsel for the United States Trustee ("UST") attended in person and at which the parties had the opportunity to present testimony and evidence in...
MEMORANDUM OF OPINION (NOT FOR PUBLICATION) RUSS KENDIG , Bankruptcy Judge . The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically at the time and date indicated, which may be materially different from its entry on the record. Now before the court is Debtors' motion under 11 U.S.C. 543(d) to excuse the state court receiver's duty to turnover property of the estate...
ORDER MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on Debtor Chanda Marie Lundy's "Motion Pursuant to Fed. R. Bankr. P. 2020 for the US Trustee to Investigate the Acts of United States Bankruptcy Court, Northern District of OH — Toledo, the Judges and the Chapter 13 Trustee as it Relates to the Statutory and Constitutional Rights of Debtors ("Rule 2020 Motion") [Doc. # 213], and the United States Trustee's response [Doc. # 233]. The court dismissed this joint...
ORDER DENYING MOTION FOR AN INJUNCTIVE ORDER MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on a "Motion for an Injunctive Order for the United States Bankruptcy Court, Northern District, Western Division to Stop Violating the United States Bankruptcy Code and Discrimination against pro se Debtors; and Request for Cost" [Doc. # 234] filed by Debtor Chanda Marie Lundy ("Motion for Injunctive Order") and the Chapter 13 Trustee's objection [Doc. # 240]. Debtor Chanda...
MEMORANDUM OF DECISION MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on a Motion to Remove Standing Chapter 13 Trustee Elizabeth Vaughan Pursuant to 11 U.S.C. 324 ("Motion") [Doc. #249] filed by Debtor Chanda Marie Lundy ("Debtor") and the Chapter 13 Trustee's opposition [Doc. #251]. Debtor is representing herself in this case. For the following reasons, Debtor's Motion will be denied. Section 324 of the Bankruptcy Code provides that [t]he court, after notice and a...
MEMORANDUM OPINION AND ORDER RE: DEFENDANTS' MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) JOHN P. GUSTAFSON , Bankruptcy Judge . This adversary proceeding is before the Court on Defendants Harold Leroy Rooks and Jill Rooks' ("Defendants") Motion to Dismiss Complaint ("Motion") pursuant to Rule 12(b)(6), made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7012. 1 [Doc. #34]. Plaintiff Johnstone Supply of Detroit ("Plaintiff" or "...
MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This case is before the court following the death of co-debtor Lisa Diann Moore in August 2017. The question presented to the court is whether a deceased chapter 13 debtor may convert to chapter 7 and obtain a discharge. Debtors argue in favor of conversion. The court has subject matter jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference entered by The United States District Court for the Northern...
MEMORANDUM OF DECISION JOHN P. GUSTAFSON , Bankruptcy Judge . This adversary proceeding is before the court for decision after trial on Plaintiff Daniel M. McDermott's Complaint [Doc. # 1] against Defendant Jeremy Lynn Kerr (or "Mr. Kerr"), which requests a order denying Defendant's discharge pursuant to 11 U.S.C. 727(a). Defendant is the debtor in the underlying Chapter 7 case. The pro se Defendant is currently incarcerated and appeared at the trial telephonically. Plaintiff (or "UST"...
MEMORANDUM OF DECISION REGARDING MOTION FOR RELIEF FROM JUDGMENT Marry Ann Whipple , United States Bankruptcy Judge . This adversary proceeding is back before the court on a Motion for Relief from Judgment ("Motion") [Doc. #177] filed by Defendants Nancy Packo Horvath Probate Estate ("NPH Estate"), Robin L. Horvath in his capacity as executor of the NPH Estate, the Nancy Packo Horvath Trust under the Amended and Restated Trust Agreement dated March 22, 2002 ("NPH Trust"), and Robin L....
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . In this Chapter 7 case, the debtor seeks damages after a creditor sold the contents of the debtor's leased storage unit in an online sale shortly after the debtor filed for bankruptcy. For the reasons that follow, the Court finds that the debtor has failed to establish by a preponderance of the evidence the elements of a willful violation of the automatic stay under 11 U.S.C. 362(k). JURISDICTION This is a core proceeding...
MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS AND DENYING DEFENDANT MAGINNIS' AND PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT John P. Gustafson , United States Bankruptcy Judge . This adversary proceeding is before the court on Defendant Leon Maginnis' (or "Maginnis") "Motion to Dismiss or in the Alternative for Summary Judgment" ("Maginnis' Motion") [Doc. #4], Defendant Bellevue Farm, LLC's ("Bellevue") Motion to Dismiss ("Bellevue Motion") [Doc. #5], Plaintiff...
NOT INTENDED FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This adversary proceeding is before the court on defendants Hahn Loeser & Parks LLP, Lawrence E. Oscar, and Andrew Krause (collectively "Defendants") motion for a telephonic status conference. Schwab Industries, Inc. ("Plaintiff") filed a notice of appeal of the court's order granting sanctions. That appeal is pending before the District Court for the Northern District of Ohio. Plaintiff's appeal to...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTIONS TO DISMISS MARY ANN WHIPPLE , Bankruptcy Judge . This case came before the court for an evidentiary hearing on motions to dismiss filed by the United States Trustee ("the UST") [Doc. # 28] and the Bank of New York Mellon Trust Company National Association, as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-IQ14 ("Lender") [Doc. # 37], Debtor's objection to the motions [Doc. # 51], and...
MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Now before the court is Vinson Robinson and Rhonda Robinson's ("Debtors") objection to proof of claim No. 7 filed by City of Canal Fulton Income Tax Department ("Creditor" or "City"). City's proof of claim was filed on February 7, 2017. On March 1, 2017, Debtors filed their objection. On March 30, 2017, Creditor filed a response and requested a hearing. On May 5, 2017, the court held a hearing on this matter. James Galehouse appeared...
