DECISION AND ORDER OVERRULING TRUSTEE'S OBJECTIONS TO DEBTOR'S CLAIMED EXEMPTION IN REAL ESTATE (docs. 18, 21) LAWRENCE S. WALTER, Bankruptcy Judge. On March 27, 2013, approximately a week before Debtor Traci Kyle ("Debtor") filed her Chapter 7 bankruptcy case, Ohio House Bill 479 went into effect thereby amending Ohio Rev.Code 2329.66(A)(1) to increase the Ohio homestead exemption from $21,625.00 to $125,000.00. Following the Debtor's bankruptcy filing, Chapter 7 Trustee John Rieser ("...
MEMORANDUM OPINION DISMISSING COMPLAINT BETH A. BUCHANAN, Bankruptcy Judge. This matter is before this Court on plaintiff DeWayne M. Jennings' (" Jennings ") Third Amended Complaint for Exception to Discharge of Dwayne A. Bodrick Under 11 U.S.C. 523 [Docket Number 56] (the " Complaint "), defendant Dwayne A. Bodrick's (the " Debtor ") Answer [Docket Number 75] and the parties' trial briefs [Docket Numbers 90, 95]. On May 20, 2013, this adversary proceeding was reassigned to this Court...
ORDER DENYING MOTION TO ENFORCE JEFFERY P. HOPKINS, Bankruptcy Judge. The Debtor Ventilex USA, Inc. ("USA"), and its parent company and chapter 11 plan sponsor, Ventilex, B.V. ("BV"), have filed a joint motion seeking an order from this Court enforcing USA's confirmed plan of reorganization, the confirmation order, and the plan's injunction provisions. ("Motion") (Doc. 353). Paramount Farms International, LLC f/k/a Paramount Farms, Inc. ("Paramount"), the most vocal and largest creditor in...
OMNIBUS DECISION TRANSFERRING VENUE OF CASE NO. 14-30055 AND CASE NO. 14-30056 AND MAKING OTHER DETERMINATIONS ON EIGHT MOTIONS 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. The matters before the court are core proceedings pursuant to 28 U.S.C. Section 157(b). See Bavelis v. Doukas (In re Bavelis), 453 B.R. 832 , 845 (Bankr.S.D.Ohio 2011) (regarding...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS THE ADVERSARY PROCEEDING COMPLAINT C. KATHRYN PRESTON, Bankruptcy Judge. This cause came on for consideration of Defendant's Motion to Dismiss the Adversary Proceeding Complaint (Doc. 10) ("Motion"), the Plaintiffs' Response in Opposition (Doc. 12) ("Response"), and Defendant's Reply Brief in Support of its Motion (Doc. 13) ("Reply"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and General Order 05-02, entered by...
Decision Determining Certain Open-End Mortgages Granted to Bank One and Assigned to JPMorgan Chase Secure Obligations Arising Out of a Guaranty Entered into by Debtor Millard Presser and Bank One GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction This decision concerns whether certain open-end mortgages granted by joint debtors secure obligations of one of the debtors arising out of a guaranty. For the reasons explained in this decision, the court finds that the mortgages secure that...
ORDER GRANTING UNITED STATE TRUSTEE'S MOTION TO DISMISS (DOC. NO. 13) CHARLES M. CALDWELL, Chief Judge. This matter is before the Court on the United States Trustee's ("UST") Motion to Dismiss the above-captioned case pursuant to Section 707(b)(3) of the United States Bankruptcy Code ("Code"). The UST claims that the Debtor has sufficient net monthly income to pay his debts such that a Chapter 7 discharge would constitute abuse. Debtor disputes the UST's calculations of his net monthly...
ORDER DENYING MOTION TO REMAND (DOC. NO. 55) AND MOTION FOR RELIEF FROM STAY (DOC. NO. 48) OF BAE SYSTEMS TECHNOLOGY SOLUTIONS & SERVICES, INC. AND SETTING A STATUS CONFERENCE CHARLES M. CALDWELL, Chief Judge. On January 8 and 9, 2014, the Court conducted an evidentiary hearing on the above-captioned Motions filed by BAE Systems Technology Solutions & Services Inc. ("BAE") and Responses filed on behalf of STAR Dynamics Corporation ("Debtor"). Based upon the evidence, pleadings filed and...
MEMORANDUM OPINION AND ORDER (A) HOLDING FREDDIE L. FULSON, JAMES A. LOWE AND ROBERT C. SANDERS IN CONTEMPT OF COURT FOR VIOLATING THE AUTOMATIC STAY AND (B) ESTABLISHING PROCEDURES FOR DETERMINING DAMAGES JOHN E. HOFFMAN, Jr. , Bankruptcy Judge . I. Introduction About a year before his death, Freddie Fulson sued Columbia Gas Transmission, LLC and three of its affiliates in state court for alleged violations of the Ohio Corrupt Practices Act. His attorneys, Robert Sanders and James Lowe,...
MEMORANDUM OPINION AND ORDER (A) HOLDING TED DOUKAS IN CIVIL CONTEMPT AND (B) ESTABLISHING PROCEDURES FOR DETERMINING DAMAGES JOHN E. HOFFMAN, Jr. , Bankruptcy Judge . I. Introduction George Bavelis, the Chapter 11 debtor in possession and the plaintiff in this adversary proceeding, contends that one of the defendants, Ted Doukas, knowingly violated an order of the Court that prohibited him from transferring certain assets and that required him to provide Bavelis unfettered access to...
MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S MOTION TO SELL SUBSTANTIALLY ALL ASSETS AND DISMISSING CASE (DOC. NOS. 316 AND 359) CHARLES M. CALDWELL, Bankruptcy Judge. This Memorandum Opinion and Order serves as the Court's findings of facts and conclusions of law for the Motion to Sale Substantially all Assets filed on behalf of Star Dynamics Corporation ("Debtor"), and the Court's Order to Show Cause for Conversion or Dismissal. Based upon the testimony, statements of counsel and review...
MEMORANDUM OPINION AND ORDER (A) APPROVING CHAPTER 7 TRUSTEE'S SECOND MOTION FOR ORDER AUTHORIZING AND APPROVING LIQUIDATION AND COMPROMISE OF CERTAIN CLAIMS AGAINST COLUMBIA GAS TRANSMISSION CORPORATION AND (B) ENJOINING THE PURSUIT OF CLAIMS BELONGING TO THE DEBTOR'S ESTATE JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction Frederick Ransier, the Chapter 7 trustee of the bankruptcy estate of Nicole Gas Production, Ltd. — or NGP — seeks authority to settle NGP's claims against...
MEMORANDUM OPINION AND ORDER GRANTING THE UNITED STATES TRUSTEE'S MOTION TO DISMISS SUBJECT TO EXPRESSED TERMS AND CONDITIONS (DOC. NO. 38) CHARLES M. CALDWELL, Bankruptcy Judge. This Memorandum Opinion and Order serves as the Court's findings of fact and conclusions of law regarding the above-captioned Motion to Dismiss filed on behalf of the United States Trustee ("UST"). The Motion is based on section 707(b)(3) of the United States Bankruptcy Code ("Code"). The UST claims that Patricia A....
