MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS, Bankruptcy Judge. This matter is currently before the Court on the Chapter 7 trustee's amended objection to the debtor's claim of exemption (Docket # 17) and the debtor's response (Docket # 33). At issue is whether Ohio Revised Code 2329.66(A)(6)(c) and 3917.05 permit the debtor to exempt the proceeds of a group life insurance policy, originally provided by the debtor's employer and covering the life of the debtor's spouse, paid to the debtor as...
MEMORANDUM OF OPINION AND ORDER PAT E. MORGENSTERN-CLARREN, Chief Judge. The plaintiff Bankers Healthcare Group, Inc. filed this adversary proceeding against the debtors Dr. Jeffrey and Janet Bilfield seeking to deny them a discharge and to have a debt allegedly owed to it declared nondischargeable. The debtors counterclaimed, alleging that Bankers Healthcare willfully violated the automatic stay provisions of Bankruptcy Code 362(a) when, after the debtors filed their chapter 7 case,...
MEMORANDUM OPINION REGARDING MOTION OF DEBTOR, SHERRY L. CREIGHTON, TO PARTIALLY SEAL BANKRUPTCY RECORDS KAY WOODS, Bankruptcy Judge. Before the Court is Motion of Debtor, Sherry L. Creighton, to Partially Seal Bankruptcy Records ("Motion to Seal") (Doc. #46) filed by Debtor Sherry L. Creighton ("Mrs. Creighton") on February 12, 2013. Mrs. Creighton seeks an order requiring the Clerk of the Bankruptcy Court "to delete or redact all references to Mrs. Creighton's individual name on the...
MEMORANDUM OF OPINION PAT E. MORGENSTERN-CLARREN, Chief Judge. Plaintiff Bankers Healthcare Group, Inc. filed this complaint to ask that the debt owed to it by the debtor Jeffrey Bilfield be found nondischargeable and that both Jeffrey Bilfield and joint debtor Janet Bilfield be denied discharges. The debtors counterclaimed, alleging that the plaintiff willfully violated the automatic stay and requesting damages for that act. The debtors now move for summary judgment on the complaint, which...
MEMORANDUM AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT MARY ANN WHIPPLE, Bankruptcy Judge. This adversary proceeding is before the court on cross-motions for summary judgment filed by Plaintiff, and Defendants Commercial Savings Bank ("the Bank") and Sudesh Reddy, M.D. ("Reddy"), [Doc. ##19, 20 and 16], the Bank's and Reddy's responses to Plaintiff's motion, [Doc. ##23, 25], Defendant Indi Singh's response to the Bank's and Reddy's motions [Doc. #24], and the Bank's reply [Doc. 29]...
MEMORANDUM OPINION REGARDING MOTION FOR SUMMARY JUDGMENT KAY WOODS, Bankruptcy Judge. This cause is before the Court on Motion for Summary Judgment of Northern Hancock Bank & Trust Co. ("Motion for Summary Judgment") (Doc. # 20) filed by Defendant Northern Hancock Bank & Trust Co. ("Northern Hancock") on November 19, 2012. On December 3, 2012, Debtors/Plaintiffs Jason Congrove and Shelby Congrove filed Memorandum in Opposition to Defendant's Motion for Summary Judgment ("Response") (Doc. # 22)...
MEMORANDUM OPINION REGARDING MOTION TO DISMISS COMPLAINT KAY WOODS, Bankruptcy Judge. This cause is before the Court on Motion to Dismiss Complaint (Doc. #9) filed by-Defendant JP Morgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC ("Chase"), on August 15, 2013. Debtor/Plaintiff Doreen Bodrick ("Debtor") filed Memorandum in Opposition to Defendant's Motion to Dismiss Summary of Argument [sic] ("Memo in Opposition") (Doc. #16) on September 23, 2013. On...
MEMORANDUM OPINION REGARDING MOTION TO AVOID JUDICIAL LIENS KAY WOODS, Bankruptcy Judge. Consistent with established precedent, this Court has long applied the Ohio Homestead Exemption amount in effect on the date a voluntary bankruptcy petition is filed in considering avoidance of prior filed judicial liens. The Court today confronts a matter of first impression — i.e., whether Ohio Revised Code ("O.R.C.") 2329.66, as amended by Substitute House Bill No. 479 ("H.B. 479"), dictates a...
