DECISION GRANTING MOTION FOR SUMMARY JUDGMENT AND DENYING THE DISCHARGE OF DEBTOR HAROLD M. ROWLAND 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 proceeding constitutes a core proceeding pursuant to 28 U.S.C. 157(b)(2)(J). This matter is before the court on the Motion for Summary Judgment filed by Plaintiff James R. Warren, Trustee [Adv. Doc. 35];...
MEMORANDUM OPINION AND ORDER ON COMPLAINT SEEKING DISCHARGEABILITY OF PLAINTIFF'S STUDENT-LOAN DEBT C. KATHRYN PRESTON, Bankruptcy Judge. I. Introduction This cause came on for trial on August 30, 2010 on the Amended Complaint (Doc. 41) of Plaintiff-Debtor Douglas A. Wallace, Jr. ("Wallace" or "Debtor") seeking a determination that the payment of his student-loan debt would impose an undue hardship on him and that the debt, therefore, is dischargeable under 11 U.S.C. 523(a)(8). Present at...
DECISION GRANTING PLAINTIFFS' MOTION (Adv. Doc. 17) AND CERTIFYING THE CLASS BUT MODIFYING THE CLASS DEFINITION AND REQUIRED FORM OF AND PROCEDURES FOR NOTIFICATION TO CLASS MEMBERS LAWRENCE S. WALTER, Bankruptcy Judge. This matter is before the court on the Plaintiffs' Motion for Class Certification and Related Relief (Adv. Doc. 17); Defendant's Response to Plaintiffs' Motion for Class Certification and Related Relief (Adv. Doc. 23); and Plaintiffs' Reply to Defendant's Opposition to...
MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT JEFFERY P. HOPKINS, Bankruptcy Judge. Plaintiff George Leicht, the chapter 7 trustee ("the Trustee"), is suing the Defendants, joint Debtors Mark and Lark Anspach and the couple's workers' compensation attorney Edward Ahlers (collectively "the Defendants"), seeking to recover virtually all of the proceeds from the benefits awarded to the Anspachs by the Ohio Bureau of Workers' Compensation ("the Bureau"). The Trustee contends...
Decision Denying Confirmation of the Debtors' Amended Chapter 13 Plan GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This decision concerns whether the debtors' Chapter 13 plan of reorganization should be confirmed. For the reasons set forth below, the court determines that it should not be confirmed. The following constitutes the court's findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. The findings of fact are derived from Debtor Beverly J. Lofty's testimony at...
Decision Granting JP Morgan Chase Bank, N.A.'s Motion to Dismiss GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This matter is before the court on the Motion of JP Morgan Chase Bank, N.A. as Acquirer of Certain Assets And Liabilities of Washington Mutual Bank From The Federal Deposit Insurance Corporation Acting as Receiver to Dismiss Amended Complaint (the "Motion") (Adv. Doc. 32) filed in this adversary proceeding initiated by the Debtors, William D. Shirk and Vicki L. Shirk. Based...
ORDER GRANTING MOTION TO COMPEL COMPLIANCE WITH BANKRUPTCY RULE 2019 J. VINCENT AUG, JR., Bankruptcy Judge. This matter is before the Court on Ronald Brown's ("Brown") motion to compel compliance with Bankruptcy Rule 2019 (Doc. 907), Avenue Special Situations Fund IV, L.P., et al.'s response (Doc. 918), and Brown's reply (Doc. 932). The issue before the Court involves the interpretation and application of Bankruptcy Rule 2019 which requires ". . . every entity or committee representing more...
Decision Granting Motions for Summary Judgment of Plaintiff, Thomas R. Noland, Chapter 7 Trustee GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This decision concerns whether, under Ohio law, a debtor's granting of a mortgage on her real property can be avoided by a Chapter 7 trustee under a trustee's strong arm powers when the debtor is the only mortgagor and the acknowledgement clause states "[t]he foregoing instrument was acknowledged before me," but it does not provide the name of...
Decision Denying Motion of Certain Defendants to Stay Adversary Proceeding GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction The narrow question presented is whether this adversary proceeding should be stayed until the United States District Court for the Southern District of Ohio (the "District Court") rules on the moving parties' motion requesting that the District Court withdraw the reference as to this adversary proceeding. For the reasons discussed below, the court is denying the...
MEMORANDUM OPINION ON CHATER 13 TRUSTEE'S MOTION TO DEEM DEBTORS' MORTGAGE OBLIGATION CURRENT AS OF AUGUST 2009 (DOC. 42) CHARLES M. CALDWELL, Bankruptcy Judge. I. Introduction Before the Court is a motion ("Motion") (Doc. 42) by Chapter 13 Trustee Frank M. Pees ("Trustee") for an order deeming the mortgage obligation of debtors Donald Alan Passavant and Tammy Jean Passavant ("Debtors") current as of the month (August 2009) in which the Trustee made the final payment under the Debtors'...
