MEMORANDUM DECISION GRANTING MOTION TO DISMISS SUZANNE BAIR FROM THIS ADVERSARY PROCEEDING [Docket Number 11] BETH A. BUCHANAN , Bankruptcy Judge . This 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 this Court on Defendant-Debtor Suzanne Bair (" Debtor ")'s Motion to Dismiss Adversary Proceeding as to Debtor Suzann[e] Bair (" Motion to Dismiss ") [Docket Number 11] and...
MEMORANDUM DECISION DENYING DEBTOR'S MOTION FOR JUDGMENT ON THE PLEADINGS [Docket Number 10] BETH A. BUCHANAN , Bankruptcy Judge . This matter is before this Court on the Debtor's Motion for Judgment on the Pleadings [Docket Number 10] (" Motion "); the Plaintiffs' Response in Opposition to Debtor's Motion for Judgment on the Pleadings [Docket Number 13]; and the Reply in Support of Motion for Judgment on the Pleadings [Docket Number 14]. In his Motion, Defendant-Debtor Steven...
MEMORANDUM DECISION: (1) GRANTING HSBC BANK USA, N.A., AS TRUSTEE'S MOTION TO DISMISS ADVERSARY COMPLAINT [Docket Number 7]; (2) GRANTING DEFENDANT, THE LAW OFFICES OF JOHN D. CLUNK CO., LPA'S MOTION TO DISMISS [Docket Number 10]; -AND- (3) DISMISSING ADVERSARY COMPLAINT [Docket Number 1] BETH A. BUCHANAN , Bankruptcy Judge . This matter is before this Court on the Motion to Dismiss Adversary Complaint [Docket Number 7] filed by Defendant HSBC Bank USA, N.A., as Trustee, in trust for the...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. # 41) C. Kathryn Preston , United States Bankruptcy Judge . I. Introduction Trilogy Health Services, LLC ("Trilogy") obtained a state court judgment against Misty M. White ("White") in the amount of $ 208,159.94 (the "State Court Judgment"). Now, Trilogy moves for summary judgment on Count One of its Complaint, asserting that the State Court Judgment is a non-dischargeable debt under 11 U.S.C....
MEMORANDUM DECISION DENYING DEBTOR'S MOTION FOR SUMMARY JUDGMENT [Docket Number 6] BETH A. BUCHANAN , Bankruptcy Judge . This matter is before this Court on the Debtor's Motion for Summary Judgment [Docket Number 6]; and the Judgment Creditors' Response in Opposition to Debtor's Motion for Summary Judgment [Docket Number 12]. On summary judgment, Defendant-Debtor Suzanne Bair ("Debtor") argues that an agreed order entered in a foreclosure action distributing $4,899.70 in proceeds to...
OPINION AND ORDER SUSTAINING OBJECTION TO CLAIM OF EXEMPTIONS John E. Hoffman, Jr. , United States Bankruptcy Judge . I. Introduction Creditor Thirty Four Corporation ("Thirty Four") objects to the exemptions claimed by debtor Kenneth Weatherspoon (the "Debtor") under sections 2329.66(A)(12)(b) and (c) of the Ohio Revised Code in funds that several asbestos personal injury trusts have paid or will pay to the probate estate of his father, Paris Weatherspoon, Jr. Sections 2329.66(A)(12)(...
MEMORANDUM DECISION GRANTING JUDGMENT TO DEFENDANT-DEBTOR DARREN LEE COURTNEY BETH A. BUCHANAN , Bankruptcy Judge . Plaintiff Federal Insurance Company ("Plaintiff") commenced this adversary proceeding seeking a determination that Plaintiff's $224,081.33 insurance payment to Fujitec America, Inc. (" Fujitec ") is a nondischargeable subrogation debt owed by Defendant-Debtor Darren Lee Courtney (" Debtor ") pursuant to Bankruptcy Code Sections 523(a)(4) and (6). 1 Plaintiff made the...