MEMORANDUM OF DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on the Motion of the United States Trustee for Summary Judgment ("Motion") [Doc. # 35] and Defendant's response [Doc. # 36]. Defendant is the Debtor in the underlying Chapter 7 case. In his complaint, Plaintiff, the United States Trustee ("UST"), seeks an order denying Debtor a Chapter 7 discharge pursuant to 11 U.S.C. 727(a)(2)(A), (a)(...
ORDER DENYING MOTION FOR RECONSIDERATION MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Defendant Morton Buildings, Inc.'s Motion for Reconsideration [Doc. # 36], asking the court to reconsider the its oral ruling on November 19, 2015, denying Defendant's Motion to Abstain, and Plaintiff's response [Doc. # 46]. The Motion for Reconsideration was filed before the court entered its Memorandum of Decision and Order denying Defendant's Motion to Abstain....
MEMORANDUM OF DECISION AND ORDER REGARDING DEFENDANT/COUNTER-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF/COUNTER-DEFENDANT John P. Gustafson , United States Bankruptcy Judge . Plaintiff Denise R. Walker ("Plaintiff" or "Mrs. Walker") was a debtor in the underlying Chapter 7 case. She commenced this adversary proceeding, seeking a determination that an alleged debt owed by her to Defendant Federal Insurance Company ("Defendant" or "FIC") was discharged in this court on...
MEMORANDUM OF DECISION AND ORDER MARY ANN WHIPPLE , Bankruptcy Judge . Chapter 7 Trustee Douglas Dymarkowski ("Trustee") filed an application to employ Centrus Group as his financial advisor. Creditor ILAND Green Technologies ("ILAND Green") objects to the proposed terms of engagement. The district court has jurisdiction over this Chapter 7 case pursuant to 28 U.S.C. 1334(a) as a case under Title 11. It has been referred to this court by the district court under its general order of...
MEMORANDUM OF DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on the Plaintiff Chapter 7 Trustee's unopposed Motion for Summary Judgment [Doc. # 10]. In her complaint, the Trustee alleges that Defendant's Chapter 7 discharge should be revoked under 11 U.S.C. 727(d)(2), (d)(3) and (a)(6)(A). The district court has jurisdiction over Defendant's underlying Chapter 7 bankruptcy case and all civil...
MEMORANDUM OF DECISION AND ORDER DENYING MOTION TO CONSOLIDATE MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding came before the court for hearing on Defendant's Motion to Consolidate [Doc. # 19], Plaintiff's objection [Doc. # 27], and Defendant's reply [Doc. # 32]. Counsel for Defendant appeared at the hearing in person. Plaintiff's counsel appeared by telephone. Defendant seeks an order consolidating this proceeding with Morton Buildings, Inc. v. Jeffrey Dawson, No. 15-...
MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANT'S MOTION TO ABSTAIN MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding came before the court for hearing on Defendant's Motion to Abstain [Doc. # 23] and Plaintiff's objection [Doc. # 26]. Counsel for Defendant appeared at the hearing in person. Plaintiff's counsel appeared by telephone. For the following reasons and those stated on the record at the hearing, Defendant's motion will be denied. BACKGROUND Plaintiff and his...
MEMORANDUM OF DECISION REGARDING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT MARY ANN WHIPPLE , Bankruptcy Judge . This adversary proceeding is before the court on Defendant's Motion for Partial Summary Judgment ("Motion") [Doc. # 14] and Plaintiff's response [Doc. # 18]. Plaintiff is a debtor in the underlying Chapter 7 case. In his complaint, Plaintiff alleges that Defendant violated the court's Order of Discharge and, thus, the discharge injunction under 11 U.S.C. 524, by...
ORDER GRANTING MOTION OF ALLY FINANCIAL INC FKA GMAC INC FKA GMAC LLC FKA GENERAL MOTORS ACCEPTANCE CORPORATION AKA "GMAC", LEASE ASSIGNEE ATTORNEY-IN-FACT AND SERVICING AGENT FOR VALUE ASSET UNIVERSAL LEASING TRUST AKA "VAULT TRUST" OR "V.A.U.L.T. TRUST" OR "V.A.U.L. TRUST" OR VAULT" OR "V.A.U.L.T." FOR RELIEF FROM STAY AND CO-DEBTOR STAY, AS TO ASHLEY E MERRELL (DOCKET #30) KAY WOODS , Judge . This matter came before the Court on the Motion for Relief from Stay and Co-Debtor Stay (the "...
MEMORANDUM OF OPINION (NOT INTENDED FOR PUBLICATION) RUSS KENDIG , Bankruptcy Judge . Now before the Court is Debtor's motion to transfer venue of her case to the Bankruptcy Court for the Northern District of Ohio, Western Division. Debtor's request is not supported by any citation to the bankruptcy code, rules, or applicable case law. No objections were filed. The Court has jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference dated April 4, 2012. In...
MEMORANDUM OF OPINION (NOT INTENDED FOR PUBLICATION) RUSS KENDIG , Bankruptcy Judge . This adversary proceeding is before the court on cross motions for summary judgment. Aaron Fick ("Plaintiff") alleges in his complaint that Debtor's obligation to pay the debt secured by the first mortgage ("mortgage debt") on property at 624 Keen Ave., Ashland, Ohio is nondischargeable under 11 U.S.C. 523(a)(15). Plaintiff moves for summary judgment seeking an order declaring the mortgage debt on the...
MEMORANDUM OF DECISION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT John P. Gustafson , United States Bankruptcy Judge . Plaintiff Douglas A. Dymarkowski ("Plaintiff" or "Trustee") is the Chapter 7 Trustee in the underlying Chapter 7 case filed by Robert F. Hadley, Jr. ("Debtor"). On August 1, 2014, Plaintiff commenced this adversary proceeding, seeking to avoid and recover alleged avoidable transfers "[p]ursuant to 11 U.S.C. Sections 105, 547, 548 and/or 549 and 550; and...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . This adversary proceeding is currently before the Court on the motion of plaintiff-trustee ("trustee") for partial summary judgment against defendants Fifth Third Bank and Daniel and Marina Eliopoulos (Docket No. 17). Pursuant to 11 U.S.C. 544(b) & 550 and Ohio Rev. Code 1336.04 & 05(A), the trustee seeks to recover payments that the debtors, Timothy and Julie Tsirambidis, made to Fifth Third Bank. For the reasons that...
MEMORANDUM OF DECISION NOT INTENDED FOR PUBLICATION) RUSS KENDIG , Bankruptcy Judge . Now before the court is Plaintiff's request to extend its deadline to respond to a pending motion for sanctions until after an appeal in this adversary is decided. The motion is opposed. The bankruptcy court's jurisdiction is premised in 28 U.S.C. 1334, 157 and the general order of reference, Order 2012-7 dated April 4, 2012, entered by the United States District Court for the Northern District of...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on the United States Trustee's ("the UST") motion to dismiss Debtor's Chapter 7 case for abuse under 11 U.S.C. 707(b)(1), (2) and (3) [Doc. #22] and Debtor's response [Doc. #17]. The court held a hearing on the motion that Debtor, his counsel and counsel for the UST attended in person and at which the parties presented testimony and other evidence in support...
MEMORANDUM OF OPINION 1 ARTHUR I. HARRIS , Bankruptcy Judge . On December 10, 2014, the plaintiff-creditor, Larry Gambrell, filed this adversary proceeding seeking: (1) a determination that debts allegedly incurred by defendant-debtors, Gary and Dalia Auerbach ("debtors") are nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(2)(B); (2) entry of a monetary judgment for approximately $30,000 of actual damages and additional punitive damages in favor of Mr. Gambrell and against...
(NOT FOR PUBLICATION) MEMORANDUM OF OPINION RUSS KENDIG , Bankruptcy Judge . Ramona A. Clark ("Clark"), Debtor's mother, filed a proof of claim for $35,000.00. Josiah L. Mason, chapter 7 trustee, ("Trustee") objected to the claim, stating it was overstated by $5,000.00. The court held a hearing on September 14, 2015 and the parties submitted post-hearing in support of their respective positions. The court has jurisdiction of this case under 28 U.S.C. 1334 and the general order of...
ORDER GRANTING MOTION TO QUASH SUBPOENA MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on the Chapter 7 Trustee's motion to quash a subpoena issued by Creditor Iland Green Technologies, S.A. [Doc. # 122]. For the reasons that follow, the Trustee's motion will be granted. A petition for relief under Chapter 7 of the Bankruptcy Code was filed on behalf of Debtor Xunlight Corporation on November 14, 2014. After conducting the first meeting of creditors, the Trustee...
ORDER DENYING MOTION TO STRIKE AFFIDAVIT MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on the Motion to Strike Affidavit of Robert Cohen filed by Creditor Iland Green Technologies, S.A., ("Motion") [Doc. # 120], and the Chapter 7 Trustee's response, [Doc. # 121]. For the reasons that follow, the Motion will be denied. A petition for relief under Chapter 7 of the Bankruptcy Code was filed on behalf of Debtor Xunlight Corporation on November 14, 2014. After conducting...
ORDER 1 ARTHUR I. HARRIS , Bankruptcy Judge . On September 9, 2015, the Court issued an order upon the debtor to show cause why the Court should not impose a two-year filing bar due to the debtor's failure to pay all outstanding filing fees by March 26, 2015 (Docket No. 15), as required under an earlier order dated March 12, 2015 (Docket No. 13). The debtor filed a response to the order to show cause (Docket No. 22) in the debtor's main bankruptcy case (15-12182) on October 5, 2015. The...
