MEMORANDUM OPINION ON DEBTOR'S MOTION TO AVOID LIEN C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for hearing on February 5, 2015 to consider Debtor's Motion to Avoid Judicial Lien (Doc. 43) (the "Motion"), the response (Doc. 45) of Kenny Centre, LLC ("Creditor"), the response (Doc. 46) of the Ohio Attorney General (the "Attorney General"), and Debtor's reply (Doc. 49) 1 . Present at the hearing were attorney Sondra Bryson as counsel for Debtor, attorney Jeffrey...
MEMORANDUM OF DECISION JEFFERY P. HOPKINS , Bankuptcy Judge . Plaintiffs James Vande Ryt, Karen Vande Ryt, and Jeff Winningham (hereinafter referred to collectively as "the Vande Ryts") filed this adversary action against their former next-door neighbor Defendant-Debtor Robert Peace, Jr. (hereinafter as "Defendant Peace"), seeking a determination that an alleged debt predicated upon water run off damage to their former homestead is nondischargeable pursuant to 11 U.S.C. 523(a)(6)....
Decision Granting National Collegiate Trust's Motion for Summary Judgment GUY R. HUMPHREY , Bankruptcy Judge . I. Introduction The matter before the court is whether a creditor should be granted summary judgment in a student loan dischargeability adversary proceeding because the plaintiff failed to respond to admissions. II. Jurisdiction This court has jurisdiction pursuant to 28 U.S.C. 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). III. Summary Judgment...
DECISION GRANTING SUMMARY JUDGMENT TO DEENDANT BANK OF AMERICA, N.A. LAWRENCE S. WALTER , Bankruptcy Judge . The court has jurisdiction over this matter pursuant to 28 U.S.C. 157(a), 157(b)(2) and 1334 and the standing General Order of Reference in this District. This matter is before the court on Defendant Bank of America, N.A.'s Motion for Summary Judgment [Adv. Doc. 26]; Plaintiff's Response to Defendant Bank of America, N.A.'s Motion for Summary Judgment [Adv. Doc. 36]; and...
ORDER DISMISSING CROSS-CLAIM OF SELECT PORTFOLIO SERVICING, INC. C. KATHRYN PRESTON , Bankruptcy Judge . In the course of this adversary proceeding, defendant Select Portfolio Servicing, Inc. ("SPS") filed a cross-claim against defendant Muirfield Association, Inc. ("MAI") sounding in unjust enrichment (the "Cross-Claim") (Doc. #19). Given the limited jurisdiction of this Court, the Court invited parties to file memoranda of law on the question of whether this Court has jurisdiction to...
MEMORANDUM OPINION AND ORDER AWARDING FREDERICK RANSIER ATTORNEYS' FEES AND EXPENSES INCURRED AS A RESULT OF CIVIL CONTEMPT John E. Hoffman Jr. , Unites States Bankruptcy Judge . I. Introduction The Court previously held three individuals in civil contempt for commencing and continuing a state court action asserting claims belonging to the bankruptcy estate of Nicole Gas Production, Ltd. ("NGP"). Frederick L. Ransier, III ("Ransier"), the Chapter 7 trustee of NGP's estate, requests an...
MEMORANDUM OPINION FOLLOWING TRIAL ON PLAINTIFF'S COMPLAINT AND OBJECTION TO CLAIM DONALD E. CALHOUN Jr. , Bankruptcy Judge . In this adversary proceeding, the Unencumbered Assets Trust (successor in interest to the Debtors—National Century Financial Enterprises, Inc. and its related entities) brought suit against Biomar Technologies, Inc. to avoid and recover alleged fraudulent transfers. 1 Following a trial on Plaintiff's fraudulent transfer claim, the Court finds that Biomar received a...
MEMORANDUM OF DECISION Jeffery P. Hopkins , United States Bankruptcy Judge . Plaintiffs James Vande Ryt, Karen Vande Ryt, and Jeff Winningham (hereinafter referred to collectively as "the Vande Ryts") filed this adversary action against their former next-door neighbor Defendant-Debtor Robert Peace, Jr. (hereinafter as "Defendant Peace"), seeking a determination that an alleged debt predicated upon water run off damage to their former homestead is nondischargeable pursuant to 11 U.S.C....
Decision Granting National Collegiate Trust's Motion for Summary Judgment GUY R. HUMPHREY , Bankruptcy Judge . I. Introduction The matter before the court is whether a creditor should be granted summary judgment in a student loan dischargeability adversary proceeding because the plaintiff failed to respond to admissions. II. Jurisdiction This court has jurisdiction pursuant to 28 U.S.C. 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). III. Summary Judgment...
ORDER DISMISSING CROSS-CLAIM OF SELECT PORTFOLIO SERVICING, INC. C. Kathryn Preston , United States Bankruptcy Judge In the course of this adversary proceeding, defendant Select Portfolio Servicing, Inc. ("SPS") filed a cross-claim against defendant Muirfield Association, Inc. ("MAI") sounding in unjust enrichment (the "Cross-Claim") (Doc. # 19). Given the limited jurisdiction of this Court, the Court invited parties to file memoranda of law on the question of whether this Court has...
Decision Granting Debtors' Motion to Avoid Judgment Lien of the State of Ohio Guy R. Humphrey , United States Bankruptcy Judge . I. Introduction This matter is before the court on the Motion to Avoid Judicial Lien on Real Estate (doc. 12) and the objection filed by the State of Ohio (doc. 16). The parties also filed additional memoranda concerning the issues presented by the motion (docs. 42, 64 and 65). The issues presented by the motion are whether Ohio Revised Code 2329.661(A)(4)...
OPINION AND ORDER GRANTING MOTION FOR ENTRY OF PROTECTIVE ORDER BARRING DEPOSITIONS OF COUNSEL (DOC. 309) John E. Hoffman, Jr. , United States Bankruptcy Judge . The Chapter 11 debtor and debtor in possession, John Joseph Louis Johnson, III (the "Debtor"), and his attorneys Daniel A. DeMarco, Marc J. Kessler and Rocco I. Debitetto (collectively, the "Attorneys"), have filed a motion for entry of a protective order barring the depositions of the Attorneys (the "Motion") (Doc. 309). For the...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS C. Kathryn Preston , United States Bankruptcy Judge . This case is uniquely postured. The Complaint (Doc. # 1) commencing this adversary proceeding seeks a determination of nondischargeability of debt pursuant to 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(6). Dewayne M. Jennings ("Plaintiff") raised the exact same causes of action, plus an additional cause of action under 523(a)(4), in a previous adversary...
ORDER REGARDING MOTION FOR RELIEF FROM STAY (DOC. NO. 28) CHARLES M. CALDWELL , Judge . The Bank of New York Mellon ("Movant") requests modification of the stay to allow confirmation of the foreclosure sale of property occupied by Richard L. and Helen E. Wolf ("Debtors"). Movant asserts standing to pursue stay relief for cause under Section 362(d)(1) of the United States Bankruptcy Code ("Code"). The property is a single-family residence located at 955 Rock Mill Road, N.W., Lancaster,...
MEMORANDUM OPINION AND ORDER ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT John E. Hoffman, Jr. , United States Bankruptcy Judge . I. Introduction The plaintiffs, William Duley and Jack Lilley, are co-executors of the probate estate of Laura May Debolt. They allege that Wendy and Jason Thompson, the defendants and the debtors in the underlying Chapter 7 case, 1 unlawfully disposed of assets of, and embezzled funds from, Ms. Debolt's trust, and wrongfully converted property...
Decision Granting Defendant's Motion to Dismiss Complaint Guy R. Humphrey , United States Bankruptcy Judge . I. Introduction The White Family Companies, Inc. ("WFC"), the holder of an allowed claim in this Chapter 7 case, filed a complaint seeking to equitably subordinate the claim of another creditor, PNC Bank ("PNC"), 1 to all other non-priority unsecured creditors pursuant to 510(c) of the Bankruptcy Code. PNC has moved to dismiss the complaint on three grounds: lack of standing,...
