MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT C. KATHRYN PRESTON, Bankruptcy Judge. This matter is before the Court upon the Motion for Summary Judgment (Doc. 29) ("Motion") filed by Clyde Hardesty, Trustee (hereinafter "Plaintiff"), the response (Doc. 34) to Plaintiff's Motion filed by Litton Loan Servicing LP and Mortgage Electronic Registration Systems, Inc. (hereinafter collectively referred to as "Defendant"), the Motion for Summary Judgment (Doc. 30) ("Defendant's...
ORDER TO SHOW CAUSE WHY THE CHAPTER 7 TRUSTEE'S OBJECTION TO THE PROOF OF CLAIM FILED BY FREDDIE L. FULSON SHOULD NOT BE SUSTAINED JOHN E. HOFFMAN, JR., Bankruptcy Judge. Freddie L. Fulson ("Claimant") filed a proof of claim in the Chapter 7 case of Nicole Gas Production, Ltd. ("Debtor" or "NGP") that was designated on the claims register as claim number 4 ("POC"), asserting a secured and priority claim for past due salary in the amount of $1.4 million plus interest. In his objection to the...
ORDER TO SHOW CAUSE WHY THE CHAPTER 7 TRUSTEE'S OBJECTION TO THE PROOF OF CLAIM FILED BY ROBERT C. SANDERS SHOULD NOT BE SUSTAINED JOHN E. HOFFMAN JR., Bankruptcy Judge. Robert C. Sanders ("Claimant") filed a proof of claim in the Chapter 7 case of Nicole Gas Production, Ltd. ("Debtor" or "NGP") that was designated on the claims register as claim number 9 ("POC"), asserting an unsecured, nonpriority claim for a contingent attorney's fee in the principal amount of $34,000 ("Principal Claim"...
ORDER DIRECTING FREDDIE L. FULSON, JAMES A. LOWE AND ROBERT C. SANDERS TO APPEAR AND SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CIVIL CONTEMPT JOHN E. HOFFMAN, JR., Bankruptcy Judge. The Chapter 7 trustee of the bankruptcy estate of Nicole Gas Production, Ltd. ("Debtor" or "NGP"), Frederick L. Ransier ("Trustee"), has filed a motion ("Motion") (Doc. 119) requesting that the Court enter an order directing Freddie L. Fulson, Robert C. Sanders and James A. Lowe (collectively, "Fulson Parties")...
ORDER ON MOTIONS OF COLUMBIA GAS TRANSMISSION LLC FOR ORDERS DIRECTING ROBERT C. SANDERS AND FREDDIE L. FULSON TO APPEAR AND SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CIVIL CONTEMPT JOHN E. HOFFMAN, JR., Bankruptcy Judge. This matter is before the Court on two motions filed by Columbia Gas Transmission LLC, f/k/a Columbia Gas Transmission Corporation ("TCO"), in the Chapter 11 case of Nicole Energy Services, Inc. ("Debtor" or "NES"): (1) a motion requesting that the Court enter an order...
MEMORANDUM OPINION AND ORDER ON TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction In her Chapter 13 plan, Erica Jane Russell proposes to pay a higher dividend to holders of cosigned consumer debts than to her other general unsecured creditors. The Chapter 13 trustee contends that this differential treatment unfairly discriminates against creditors holding debts that are not cosigned. But the Bankruptcy Code permits a Chapter 13...
Decision Determining Whether Action to Recover Damages for Stay Violation Must Be Brought By Adversary Proceeding GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction The sole issue before the court is whether a debtor must pursue damages under 11 U.S.C. 362(k)(1) for a violation of the automatic stay imposed by 362(a) through an adversary proceeding, or whether such damages may be pursued by motion as a contested matter under Federal Rule of Bankruptcy Procedure 9014. This is not a case...
MEMORANDUM OPINION AND ORDER GRANTING MOTION OF DEFENDANT JPMORGAN CHASE BANK, N.A. TO DISMISS THE PLAINTIFFS' SECOND CLAIM FOR RELIEF JOHN E. HOFFMAN JR., Bankruptcy Judge. Chapter 13 debtors Richard W. Rostorfer and Rhonda L. Rostorfer ("Plaintiffs") commenced this adversary proceeding by filing a complaint ("Complaint") (Doc. 1) requesting the following relief: (1) the imposition of sanctions against the Plaintiffs' mortgagee, Transland Financial Services, Inc., as well as their mortgage...
MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction In the complaint initiating this adversary proceeding ("Complaint") (Doc. 1), Paul F. Milam and Deborah K. Milam ("Plaintiffs") allege that Lisa F. Mets ("Defendant") made false representations "under oath" while her company was serving as the general contractor for the construction of the Plaintiffs' home prior to the commencement of the Defendant's bankruptcy...
MEMORANDUM OPINION AND ORDER ON COMPENSATION APPLICATION OF SI DIGMAN, LLC AND ORDER VACATING APPOINTMENT (DOCS. NOS. 91 AND 443) CHARLES M. CALDWELL, Chief Judge. This Order addresses a Compensation Application filed by Si Digman, LLC (Movant), and the Objection of the United States Trustee ("UST"). Movant provides accounting services and tax preparation to individuals and small businesses, and requests compensation for accounting services provided to LPN Healthcare Facility Inc. ("Debtor")....
OPINION AND ORDER DENYING MOTION OF THE UNITED STATES TRUSTEE TO AMEND MOTION TO DISMISS DEBTORS' CASE AND DENYING MOTION TO DISMISS JOHN E. HOFFMAN, JR., Bankruptcy Judge. As often happens in bankruptcy practice, a seemingly simple and straightforward request for relief — here made by the United States Trustee ("UST") — has raised difficult procedural questions. The UST moves pursuant to Federal Rule of Bankruptcy Procedure 7015 and Local Bankruptcy Rule ("LBR") 9013-1(c) for leave to amend...
Decision Granting Plaintiff's Motion for Summary Judgment and Determining Debt to be Nondischargeable GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This matter is before the court on the Motion of State of Ohio, Department of Job and Family Services, for Summary Judgment against Crystal G. Thokey Yuppa (doc. 37) (the "Motion"). The Defendant-Debtor Crystal G. Thokey Yuppa ("Ms. Yuppa") did not respond to the Motion filed by Plaintiff Ohio Department of Job & Family Services ("ODJFS")....
Decision Denying Trustee's Motion For Summary Judgment GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This matter is before the court on the motion (doc. 23) of plaintiff Jeffrey M. Kellner, the Chapter 13 trustee, for summary judgment on his claim to avoid the unrecorded mortgage lien of defendant Fifth Third Bank as to certain real property pursuant to his powers as a hypothetical judgment lien creditor under 11 U.S.C. 544(a)(1). Fifth Third Bank opposes summary judgment on the basis...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BETH A. BUCHANAN, Bankruptcy Judge. Prior to the petition date, the creditor obtained a default judgment in state court against the debtor's company for breach of contract and against the debtor and his company for fraud related to a construction contract. The debtor appealed the entry of the default judgment to the state appellate court, which court affirmed the...
MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction In this adversary proceeding, the United States Trustee ("UST") seeks a determination that certain debts of Keithette Marlene Graft ("Debtor") are nondischargeable under 11 U.S.C. 523(a)(10). Both parties have filed motions for summary judgment. For the reasons explained below, the Court concludes that the Debtor is entitled to a judgment as a matter of law that 523(a)(10)...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND GRANTING MOTION FOR LEAVE TO FILE ANSWER INSTANTER JOHN E. HOFFMAN, Jr., Bankruptcy Judge. This matter is before the Court on the motions for default judgment ("Default Motion") (Docs. 26 & 27) filed by Clyde Hardesty, Chapter 7 trustee ("Trustee"), the response ("Response") (Doc. 38) filed by Chase Home Mortgage Corporation and Mortgage Electronic Registration Systems, Inc. ("MERS") (collectively, "Chase") and the Trustee'...
MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT KATHRYN C. PRESTON, Bankruptcy Judge. This matter is before the Court upon the Motion for Summary Judgment (Doc. 29) ("Motion") filed by Clyde Hardesty, Trustee (hereinafter "Plaintiff"), the response (Doc. 34) to Plaintiff's Motion filed by Litton Loan Servicing LP and Mortgage Electronic Registration Systems, Inc. (hereinafter collectively referred to as "Defendant"), the Motion for Summary Judgment (Doc. 30) ("Defendant's Motion")...
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF MARBLE CLIFF CROSSING APARTMENTS, LLC'S REORGANIZATION PLAN (DOC. NOS. 168, 383, 458) AND ORDER TO SHOW CAUSE FOR DISMISSAL WITH PREJUDICE PURSUANT TO 11 U.S.C. 1112(b)(1) AND 349(a) CHARLES M. CALDWELL, Bankruptcy Judge. This Memorandum Opinion and Order serves as the Court's findings of facts and conclusions of law for the plan of reorganization filed on behalf of Marble Cliff Crossing Apartments, LLC ("Debtor"). The only objecting...
