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NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge .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NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge .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NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge .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NOT FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge .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....
