ORDER DISCHARGING ORDER TO SHOW CAUSE, SETTING CERTAIN DEADLINES, AND DIRECTING ATTORNEY BRIAN GARVINE TO DISGORGE FEES PAID BY DEBTOR FOR SERVICES RENDERED TO RAMONA HAWKINS C. Kathryn Preston , United States Bankruptcy Judge This cause came on for hearing on December 16, 2016, upon the Order Requiring Brian M. Garvine and Hemphill and Associates to Appear and Show Cause Why They Should Not Be Required to Disgorge Fees, and Requesting Counsel for Debtor and United States Trustee to...
OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for consideration of the Motion for Summary Judgment (Doc. #9) (the "Motion"), filed by Frederick M. Luper, Chapter 7 Trustee ("Plaintiff"), the memorandum in opposition to Plaintiff's Motion (Doc. #11) (the "Response"), filed by Valueland Auto Sales Inc. ("Defendant"), and Plaintiff's reply (Doc. #13) (the "Reply") to the Response. The Motion seeks summary judgment...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCS. NO. 22 AND 21) Judge Caldwell . Stephen B. and Judith H. Simmons (Plaintiffs) filed for Chapter 13 bankruptcy relief on June 18, 2015. They commenced this adversary proceeding on December 4, 2015, against Federal Home Loan Mortgage Corporation (FHL), Residential Credit Solutions, Inc. (RCS), and Ocwen Loan Servicing, LLC (Ocwen) (Defendants). Plaintiffs...
OPINION AND ORDER DENYING PLAINTIFF DEWAYNE JENNINGS' MOTION FOR SUMMARY JUDGMENT C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for consideration of the Motion for Summary Judgment (Doc. #50) (the "Motion"), filed by Dewayne M. Jennings ("Plaintiff"), and the amended response thereto (Doc. #52), filed by Dwayne A. Bodrick ("Defendant"). Pursuant to Rule 56 of the Federal Rules of Civil Procedure, 1 the Motion seeks summary judgment on Plaintiff's cause of...
Decision Granting in Part and Denying in Part Amended Motion to Avoid Judicial Lien on Real Estate GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on the Amended Motion to Avoid Judicial Lien on Real Estate filed by the debtor, Kevin F. Bryan ("Bryan") (doc. 19) (the "Motion"). For the reasons to be explained, the court grants in part and denies in part the Motion. The court is contemporaneously entering an order requiring the judgment creditor, Cavalry SPV I, LLC, or...
MEMORANDUM OPINION AND ORDER ON CHAPTER 7 TRUSTEE SUSAN RHIEL'S COMPLAINT FOR DECLARATORY JUDGMENT AGAINST DEFENDANTS THE BANK OF NEW YORK MELLON, ET. AL (DOC. NO. 1) CHARLES M. CALDWELL , Judge . Vodrick Lee and Marcy Lynn Perry (Debtors) filed bankruptcy under Chapter 7 of the United States Bankruptcy Code (Code) on September 5, 2014. The docket case caption for Mr. Perry includes five former business entities: (1) Miller Foster Home Property Management Corporation; (2)...
ORDER GRANTING MOTION OF JP MORGAN CHASE BANK NA TO DISMISS AND/OR FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 10) Caldwell , Judge . On December 20, 2013, Daren A. Messer and Angela L. Messer (Plaintiffs) filed a Complaint to Determine Validity and Extent of Lien, to Avoid the Mortgage Lien, to Recover Money Judgment and to Disallow Claim (Complaint). Despite having signed the residential note and mortgage held by JPMorgan Chase Bank, NA (Defendant), Plaintiffs asserted that they were...
ORDER SUSTAINING OBJECTION TO PROOF OF CLAIM (DOC. #41) C. KATHRYN PRESTON , Bankruptcy Judge . This matter came on for hearing May 16, 2014 to consider the Objection to Proof of Claim (the "Objection") (Doc. #41) filed by the Chapter 13 Trustee, Frank M. Pees (the "Trustee"), and the Response of Heartland Bank to Trustee's Objection to Proof of Claim (the "Response") (Doc. #45) filed by Heartland Bank (the "Creditor"). Present at the hearing were Don L. Mains, representing the Trustee,...
MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT C. KATHRYN PRESTON , United States Bankruptcy Judge . This cause came on for consideration of the Defendant's Motion for Summary Judgment (Doc.'s 10) ("Defendant's MSJ") filed by Steven White, and the Plaintiff's Response to Defendant's Motion for Summary Judgment and Plaintiffs Motion for Summary Judgment (Doc. # 13) ("Plaintiff's MSJ") filed by Jennifer Hoewischer in the above captioned adversary proceeding. Jennifer Hoewischer ("...
DECISION REGARDING THE NONDISCHARGEABILITY OF TAX DEBT Beth A. Buchanan , United States Bankruptcy Judge . The primary issue in this case is whether a federal tax return filed after the Internal Revenue Service has assessed a taxpayer's tax liability pursuant to 26 U.S.C. 6020(b) qualifies as a "return" for purposes of 11 U.S.C. 523(a) relating to the dischargeability of tax debts. Under the facts of this case, this Court holds that it does not. I. BACKGROUND The debtors in this...
ORDER BURTON PERLMAN , Bankruptcy Judge . I. Background. In this chapter 13 case, Debtor has filed a Plan. Creditor Ciras, Inc. (hereafter "Ciras") has filed an objection to the Plan. The matter came on for hearing before the Court at the conclusion of which the Court reserved decision. Debtor is the owner of real estate at 21 Timea Avenue and 35 Ridge Road (collectively, the "Properties"). The question presented to the Court is whether the values of those Properties can be reduced by...
MEMORANDUM OF DECISION ON ORDER PARTIALLY SUSTAINING OBJECTION TO CLAIM JEFFERY P. HOPKINS , Bankruptcy Judge . Before the Court is a claim objection ("Objection")(Doc. 260) filed by Bryan Perkins, Administrator of the Estate of Troy S. Clements ("Perkins"). The Objection seeks the disallowance of a $1,228,488.62 claim ("Claim")(Claim No. 11-3) filed by Linda Hines. Linda Hines opposes the Objection. See Doc. 272. Subsequent to an evidentiary hearing, the parties filed post-hearing briefs....
Decision Denying Trustee's Objection to Debtor's Claim of a Homestead Exemption GUY R. HUMPHREY , Bankruptcy Judge . This matter was heard on the Objection to Claim of Exemption in 770 Birchwood Drive, Greenville, Ohio filed by the Chapter 7 Trustee, Roger Luring and the response of the debtor, Jerry Delk. The issue tried was whether Jerry abandoned his residence so as to lose any entitlement to a homestead exemption in that property under Ohio law. For the reasons to be discussed, the...
DECISION OF THE COURT GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [Adv. Doc. 34] LAWRENCE S. WALTER , Bankruptcy Judge . The court has jurisdiction over this matter pursuant to 28 U.S.C. 157(a) and 1334, and the standing General Order of Reference in this District. This matter is before the court on the Defendant's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 [Adv. Doc. 34]; Plaintiff's Brief in Opposition to Defendant's Motion for...
DECISION GRANTING SUMMARY JUDGMENT TO DEFENDANT HSBC MORTGAGE SERVICES, INC. [Adv. Doc. 16] 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 the Motion of Defendant HSBC Mortgage Services Inc. for Summary Judgment [Adv. Doc. 16] 1 ; Debtors/Plaintiffs' Response to Motion of Defendant HSBC Mortgage...
Decision Denying the Motion of the Chapter 7 Trustee for Summary Judgment against Defendants the Estate of Jane S. Telfair and the Jane S. Telfair Declaration of Trust Dated February 1, 1999 GUY R. HUMPHREY , Bankruptcy Judge . I. Procedural Background and Findings of Fact On January 31, 2013, the Chapter 7 Trustee, John Paul Rieser (the "Trustee") commenced an adversary proceeding and asserted in his complaint that the debtor, Dr. M. Donald Hayes ("Hayes") fraudulently transferred a...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED NATIONWIDE CLASS ALLEGATIONS OR, IN THE ALTERNATIVE, TO STRIKE NATIONWIDE CLASS C. KATHRYN PRESTON , Bankruptcy Judge . This cause came on for consideration of the Motion to Dismiss Plaintiff's Amended Nationwide Class Allegations or, in the Alternative, to Strike Nationwide Class (Doc. 26), and the memorandum in support thereof (Doc. 27) (collectively, the "Motion"), filed by Defendant Nationstar Mortgage, LLC ("Defendant")....
ORDER OVERRULING TRUSTEE'S OBJECTION TO AMENDED CLAIM OF EXEMPTION IN REAL ESTATE LOCATED AT 5317 AGATE PLACE, LEWIS CENTER, OHIO 43035 C. KATHRYN PRESTON , United States Bankruptcy Judge . This cause came on for hearing on October 22, 2015, upon Trustee's Objection to Amended Claim of Exemption in Real Estate located at 5317 Agate Place, Lewis Center, Ohio 43035 (the "Objection") (Doc. # 90) filed by the Chapter 7 Trustee (the "Trustee") and Debtor's Response to Trustee's Objection to...
OPINION AND ORDER GRANTING MOTION OF DEBTOR AND DEBTOR IN POSSESSION FOR AN ORDER ENFORCING THE AUTOMATIC STAY AGAINST RFF FAMILY PARTNERSHIP, LP (DOC. 382) John E. Hoffman, Jr. , United States Bankruptcy Judge . I. Introduction In this contested matter, John Joseph Louis "Jack" Johnson, III (the "Debtor") seeks to enforce the automatic stay against RFF Family Partnership, LP ("RFF") and recover damages for its willful violation of the stay. The Debtor is a professional hockey player...
ORDER BURTON PERLMAN , Bankruptcy Judge . I. Background. In this chapter 13 case, Debtor has filed a Plan. Creditor Ciras, Inc. (hereafter "Ciras") has filed an objection to the Plan. The matter came on for hearing before the Court at the conclusion of which the Court reserved decision. Debtor is the owner of real estate at 21 Timea Avenue and 35 Ridge Road (collectively, the "Properties"). The question presented to the Court is whether the values of those Properties can be reduced by...
