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Dominics Rest. Of Dayton Inc. v. Mantia

Jul
05
2012
Ruling
Stay did not apply to protect debtor's tortious infringement of restaurant trademark.
Procedural posture

Restaurant operator appealed from the U.S. District Court for the Southern District of Ohio a decision to continue judicial proceedings against him (i.e., contempt proceedings) despite his filing of a petition for bankruptcy, which usually carried an automatic stay of judicial proceedings.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 05, 2012 , LexisNexis #0712-112
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Yoppolo v. MBNA Am. Bank (In re Dilworth)

Mar
27
2009
Ruling
Credit card balance transfer properly held to be a voidable preferential transfer.
Procedural posture

Former creditor appealed a grant of summary judgment by the United States Bankruptcy Court for the Northern District of Ohio in favor of bankruptcy trustee, holding that a balance transfer check drawn on the debtor's credit card and made payable to the former creditor was a preferential transfer, voidable and recoverable under 11 U.S.C.S. §§ 550(a) and 547(b). The bankruptcy appellate panel affirmed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 27, 2009 , LexisNexis #0509-065
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Giant Eagle Inc. v. Phar-Mor Inc.

May
19
2008
Ruling
Disallowance of lessor creditor's claim for future rent damages reversed.
Procedural posture

Appellant lessor challenged the decision entered by the District Court for the Northern District of Ohio that disallowed the lessor's claim for future-rent damages that arose from appellee's, the bankrupt lessee's, rejection of a lease for personal property, which was disallowed on the basis that a substitute lease for that property would have mitigated the claimed damages.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 19, 2008 , LexisNexis #0608-060
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Hughes v. Sanders

Nov
13
2006
Ruling
Legal malpractice judgement properly held dischargeable as it was not criminal restitution payable to a governmental unit.
Procedural posture

Defendant attorney filed for bankruptcy under chapter 7. Plaintiff client, who was a judgment creditor who had won a legal malpractice judgment against the attorney, sought a declaration that his judgment was a nondischargeable debt under 11 U.S.C. § 523(a)(7). The District Court for the Southern District of Ohio at Columbus granted the attorney's Fed. R. Civ. P. 12(b)(6) motion to dismiss. The client appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 13, 2006 , LexisNexis #1206-056
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Dery v. Cumberland Casualty & Surety Co. (In re 5900 Assocs.)

Nov
07
2006
Ruling
Debtor was not insolvent at time of alleged fraudulent transfer since claim for attorneys'fees that were not approved by bankruptcy court was unenforceable.
Procedural posture

Plaintiff bankruptcy trustee appealed a decision of the District Court for the Eastern District of Michigan, which denied his request to set aside the debtor's transfer of property to defendant surety company as fraudulent pursuant to Mich. Comp. Laws § 566.35 because it found that a claim for attorney's fees in a previous bankruptcy was unenforceable as the attorney never sought approval for the fees under 11 U.S.C. § 330(a).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 07, 2006 , LexisNexis #1206-044
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