OPINION AND ORDER ON DEBTORS' MOTION FOR ENTRY OF A FINAL ORDER (I) AUTHORIZING THE DEBTORS TO PAY CERTAIN PREPETITION CLAIMS OF (A) CRITICAL VENDORS, (B) LIEN CLAIMANTS, (C) SHIPPERS, AND (D) ROYALTY AND LEASEHOLD CLAIMANTS, (II) CONFIRMING ADMINISTRATIVE EXPENSE PRIORITY STATUS OF OUTSTANDING ORDERS, AND (III) GRANTING RELATED RELIEF (DOC. 8) John E. Hoffman, Jr. , United States Bankruptcy Judge . I. Introduction Murray Metallurgical Coal Holdings, LLC ("Met Holdings") and its...
Decision Granting Petitioning Creditors' Motion for Contempt (Doc. 145) and Determining Additional Interest as a Remedy to Enforce Compliance GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on the Motion to Hold Tagnetics in Indirect Contempt (doc. 145) (the "Motion"), filed by petitioning creditors Jonathan Hager, Ronald E. Earley and Kenneth W. Kayser (the "Petitioning Creditors"). For the reasons explained below, the court finds Tagnetics, Inc. ("Tagnetics") in...
Decision Denying Defendant Eastport Holdings, LLC's Motion for Abstention (doc. 13) GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on Defendant Eastport Holdings, LLC's Motion for Abstention (doc. 13) (the "Motion"). The court has considered the Motion, Plaintiff GYPC's Objection to the Motion (doc. 23), and Eastport's Reply (doc. 26). For the reasons stated in this decision, the court will enter an order denying the Motion. I. Statement of Facts, Procedural...
Decision Denying Motion of Third-Party Defendants, Christopher Cummings and Eric Webb, to Dismiss the Third-Party Complaint of Mindstream Media, LLC (Doc. 18) GUY R. HUMPHREY , Bankruptcy Judge . This decision addresses whether, in a preference action, a third-party complaint for indemnification should be dismissed for failure to state a claim. This court has jurisdiction pursuant to 28 U.S.C. 1334(b) and the Standing Order of Reference, Amended General Order No. 05-02 (S.D. Ohio Sept....
Order Overruling Debtors' Objection to Notice of Mortgage Payment Change (Doc. 65) GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on the Debtors' Objection to Notice of Mortgage Payment Change filed by U.S. Bank National Association (doc. 65) and Response to Objection to Notice of Mortgage Payment Change (doc. 68) (the "Contested Matter"). Pursuant to a prior Order (doc. 74), the court conducted a hearing on February 12, 2020. The hearing was attended by...
MEMORANDUM OPINION AND ORDER GRANTING DEBTOR'S MOTION FOR SUMMARY JUDGMENT DENYING UNITED STATES TRUSTEE'S MOTION TO DISMISS C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for consideration of William Sijan's (the "Debtor") Motion for Summary Judgment Denying United States Trustee's Motion to Dismiss (Doc. #20) (the "Motion for Summary Judgment"), filed on October 18, 2019; the United States Trustee's Response to Debtor's Motion for Summary Judgment on Issue...
ORDER DIRECTING ATTORNEYS H. LEON HEWITT, MARY FOSTER, AND JESSICA GOLDBERGER TO APPEAR AND SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED JEFFERY P. HOPKINS , Bankruptcy Judge . Attorneys occasionally need a reminder of the importance of the office they occupy in our justice system and the attendant elevated responsibilities. While still serving as Chief Judge of the New York Court of Appeals, Justice Benjamin N. Cardozo once observed: "Membership in the bar is a privilege burdened with...
Decision Denying Trustee's Motion for Summary Judgment GUY R. HUMPHREY , Bankruptcy Judge . This decision addresses whether a lien noted on a motor vehicle title, properly perfected as to a loan, secures a subsequent loan between by the same lender and borrower. The subsequent loan paid off the first loan, without the release of the original lien notation or the entering of a new lien notation on the vehicle title. In such circumstances, does the lender remain perfected by the original...
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...
DECISION AND ENTRY OVERRULING DEFENDANT ROBERT STROUD'S MOTION TO RECONSIDER MOTION TO SUPPRESS AND REQUEST FOR FRANKS HEARING DOC. #80) AND AMENDED MOTION TO RECONSIDER MOTION TO SUPPRESS AND TO REQUEST FRANKS HEARING (DOC. #88) WALTER H. RICE District Judge . On July 2, 2018, the Court issued a Decision and Entry Overruling Motions of Defendant Robert Stroud and Jordan Smith for a Franks Hearing. Doc. #78. The Court concluded that Defendants had failed to make a...
ORDER MICHAEL H. WATSON , Magistrate Judge . On July 20, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 be GRANTED on his claim that he was denied the effective assistance of counsel due to his attorney's failure to file an appeal after being directed to do so, and that the final judgment in this case be VACATED and REINSTATED so that counsel can file a...
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON COUNTS I, III, AND IV OF FIRST AMENDED COMPLAINT (Doc. 54) C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for consideration of Plaintiffs' Motion for Summary Judgment on Counts I, III, and IV of First Amended Complaint (Doc. 54) (the "Motion"), filed on November 29, 2016; Defendant Edward F. Panos' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment on Counts I, III, and IV of First...
OPINION AND ORDER GRANTING TRUSTEE'S MOTION TO APPROVE SETTLEMENT BETWEEN THE TRUSTEE AND PNC BANK, N.A. C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for hearing on September 16, 2016 (the "Hearing"), upon the Motion to Approve Settlement between the Trustee and PNC Bank, N.A. (Doc. # 311) (the "Compromise Motion"), filed by the Chapter 13 Trustee, Frank M. Pees ("Trustee"), and the response thereto (Doc. # 313) (the "Response"), filed by Karen Elaine Boddie...
OPINION AND ORDER ON AMENDED MOTION OF CHAPTER 7 TRUSTEE FOR AN ORDER (1) AUTHORIZING AND APPROVING THE COMPROMISE OF CLAIMS WITH CITIMORTGAGE, INC., ITS AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST, (2) AUTHORIZING AND APPROVING THE TRANSFER OF REAL ESTATE LOCATED AT 181 OLDFIELD WAY, BLUFFTON, SOUTH CAROLINA AND LOT 50 ADJACENT THERETO TO CITIMORTGAGE, INC., AND (3) ENJOINING THE DEBTORS FROM VIOLATING THE TERMS OF THE COMPROMISE AND SALE (DOC. 207) JOHN E. HOFFMAN, Jr. , Bankruptcy...
