NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Debtors Robert Eugene Welling and Kathy Sue Welling ("Debtors") filed a Chapter 12 bankruptcy petition on October 28, 2016. They filed their Chapter 12 Plan on January 24, 2017. Creditor, Farm Credit Mid-America, filed an Objection to Confirmation of Plan on February 21, 2017. The Debtors and the Creditor entered an Agreed Order Resolving Objections of Farm Credit Mid-America, PCA to Confirmation of Debtors'...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . On July 19, 2018, Richard A. Baumgart, the Chapter 7 trustee, initiated this adversary proceeding alleging that the debtor, Tonya George, had failed on numerous occasions to comply with the Court's March 12, 2018, order requiring the debtor to appear for further examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure. Accordingly, the trustee is seeking revocation of the debtor's discharge under 11 U.S.C....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Debtor Brianna Lehman filed a Chapter 7 bankruptcy petition on July 13, 2018. On October 1, 2018, the Chapter 7 Trustee, Anne Piero Silagy ("Trustee"), filed a motion for turnover, alleging that the Debtor needed to turn over real estate commissions received postpetition for purchase agreements entered into prior to filing. Debtor responded on October 15, 2018, objecting to the motion, and requested a hearing on...
MEMORANDUM OF DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Plaintiffs' Motion for Summary Judgment [Doc. # 11], Defendant's response [Doc. # 12] and Plaintiffs' reply [Doc. # 13]. Pursuant to the court's order granting Plaintiffs leave to supplement the record under Federal Rule of Civil Procedure 56(e), Plaintiffs filed supplemental documents in support of their motion [Doc. # 16] and...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . Susan Addleman filed bankruptcy to get back the car she desperately needed. But the used car dealer, Loudon Motor Sales, LLC ("Loudon Motor"), refused to return her car and later sold it to a third party. For the reasons that follow, the Court finds that Loudon Motor willfully violated the automatic stay and orders Loudon Motor to pay the debtor $18,603 in actual damages, including $2,625 in attorney's fees, plus $25,000 in...
ORDER OF DISMISSAL MARY ANN WHIPPLE , Bankruptcy Judge . The court held an evidentiary hearing on October 17, 2018, on the Emergency Motion to Dismiss Chapter 11 Case filed by the United States Trustee ("UST") [Doc. # 14], in which parties in interest One Wheel Equities, LLC and Your Vanguard Investments, LLC joined [Doc. # 22]. Section 1112(b) of the Bankruptcy Code provides in relevant part as follows: Except as provided in paragraph (2) . . ., on request of a party in interest, and...
MEMORANDUM OF DECISION AND ORDER REGARDING CREDIT COUNSELING JOHN P. GUSTAFSON , Bankruptcy Judge . This case comes before the court sua sponte for a determination as to whether Debtor Nina Wilson's ("Debtor") Chapter 7 case should be dismissed for failure to comply with the Bankruptcy Code's credit counseling requirements. Debtor filed a Certification Under 11 U.S.C. 109(h)(3) that details her attempt to comply with the Code's pre-filing credit counseling requirement. [Doc. #21]....
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This case is before the court on the chapter 13 trustee's ("Trustee") request for Debtor and Debtor's counsel to appear and show cause. The court held a hearing on September 26, 2018. Trustee, Matthew Petit, counsel for Debtor, and Debtor appeared at the hearing. 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...
NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . This case is before the court on the chapter 13 trustee's ("Trustee") request for Debtor and Debtor's counsel to appear and show cause. The court held a hearing on September 26, 2018. Trustee, Matthew Petit, counsel for Debtor, and Debtor appeared at the hearing. 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...
MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ALAN M. KOSCHIK , U.S. Bankruptcy Judge . On November 22, 2016, Kathryn A. Belfance (the "Trustee"), the duly-appointed chapter 7 trustee in the bankruptcy case of debtor Angela D. Shelton (the "Debtor"), filed her Complaint in the above-captioned adversary proceeding (the "Complaint"). The Complaint seeks, inter alia (a) authorization to sell the estate's interest in the real property known for mailing purposes as 101 Tolbert...
MEMORANDUM DECISION ON MOTION FOR LEAVE TO FILE LATE PROOFS OF CLAIM ALAN M. KOSCHIK , Bankruptcy Judge . Before the court is the Motion for Leave to File Late Proofs of Claims (Docket No. 68) (the "Motion") filed by Salem Alemaishat and Salama Alemaishat (the "Movants"), two creditors of debtor-respondent Sobhi Rady (the "Debtor"). The Movants ask the Court for leave to file late proofs of claim to allow them to participate in the Debtor's Chapter 13 repayment plan. For the reasons set...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION FOR JUDGMENT ON THE PLEADINGS MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Defendant's Motion for Judgment on the Pleadings ("Motion") [Doc. # 9] and Plaintiff's opposition [Doc. # 10]. Defendant ("Defendant" or "Debtor") is the debtor in the underlying Chapter 7 case in this court. Plaintiff is an attorney and is proceeding pro se in this matter. In his complaint, Plaintiff seeks denial of Debtor'...
MEMORANDUM OF DECISION MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court for decision after trial on pro se Plaintiff/Debtor Matthew David Pierson's complaint against Defendant Educational Credit Management Corporation ("ECMC") seeking a discharge of student loan debt as an undue hardship. 1 The district court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 1334(b) as a civil proceeding arising in or related to a case under Title...
MEMORANDUM DECISION ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT ALAN M. KOSCHIK , Bankruptcy Judge . Plaintiffs Robert A. Blake, Sr. and Joyce M. Blake (the "Plaintiffs), the debtors in the underlying bankruptcy case from which this adversary proceeding arises, have filed a Complaint seeking: (1) a determination that Defendant First Merit Bank's (the "Defendant") two junior mortgage liens encumbering Plaintiffs' residence are unsecured; and (2) avoidance of those two liens. In the...
MEMORANDUM OF DECISION JOHN P. GUSTAFSON , Bankruptcy Judge . This Adversary Proceeding is before the court for decision after trial on Plaintiff James Launder's ("Plaintiff") Complaint [Doc. #1] against Defendant Randall Doll ("Defendant-Debtor"). In the Complaint, Plaintiff seeks a determination that the debt owed to him by Defendant-Debtor is nondischargeable under 11 U.S.C. 523(a)(2) and (a)(6). [Doc #1, pp. 3-4]. The Court has jurisdiction over Defendant-Debtor's underlying Chapter...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN M. KOSCHIK , U.S. Bankruptcy Judge . Harold A. Corzin, the duly-appointed Chapter 7 trustee (the "Trustee") in the underlying bankruptcy case from which this adversary proceeding arises, has filed a complaint for determination and avoidance of an allegedly preferential transfer involving the Debtor Jason E. Myers (the "Debtor"), Debtor's father-in-law John Thomas ("Mr. Thomas"), and Defendant Emergency Medical Transport,...
ORDER REGARDING MOTION FOR ORDER REGARDING NOTICE OF SURPLUS FUNDS MARY ANN WHIPPLE , Bankruptcy Judge . The deadline for filing claims in this case having passed, the Chapter 7 Trustee has recovered more money than there are presently claims to pay. On September 24, 2018, he filed a motion requesting that the court instruct the Clerk "to send a Notice of Surplus funds to the creditors listed in the within proceeding." [Doc. # 31]. The district court has jurisdiction over this Chapter 7...
MEMORANDUM DECISION DENYING DEBTORS' MOTION FOR AUTHORITY TO CONTINUE AND MAKE PAYMENTS DUE AND OWING UNDER THE 2018 FENOC KEY EMPLOYEE RETENTION PLAN, WITH LEAVE TO AMEND ALAN M. KOSCHIK , U.S. Bankruptcy Judge . On April 23, 2018, the debtors in these jointly administered chapter 11 cases (the "Debtors") filed a motion (Docket No. 400) (the "Motion") for authority to continue and make payments due and owing under several of the Debtors' employee retention plans. The Motion identified...
MEMORANDUM OF DECISION AND ORDER REGARDING JUDICIAL LIEN AND RELIEF FROM STAY JOHN P. GUSTAFSON , United States Bankruptcy Judge . This case came before the Court for hearing on August 24, 2018 on the issue of whether Movants Jeffrey Simpson and Kelli Simpson's ("Movants") Allen County Judgment ("Judgment") sufficiently complies with Ohio law to create a valid lien ("Judgment Lien") that grants them standing to pursue relief from stay as to two of Debtor Lexie Marie Purdy's ("Debtor")...
MEMORANDUM OF DECISION REGARDING MOTION FOR RECONSIDERATION OF DISALLOWED CLAIM MARY ANN WHIPPLE , Bankruptcy Judge . This case came before the court for hearing on a motion filed by creditor CACH, LLC, ("Creditor") for reconsideration of the court's order disallowing Claim Number 1-1 filed by it ("Motion for Reconsideration") [Doc. # 34], and Debtor's response [Doc. # 38]. Debtor's attorney and the Chapter 13 Trustee appeared at the hearing in person, and Creditor's attorney appeared by...
