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...
