Judge Boswell

In re Rice

Appellant bank sought relief from the automatic stay in the debtor's' chapter 7 case. The United States Bankruptcy Court for the Northern District of Ohio held that the bank lacked standing to seek relief under 11 U.S.C.S. § 362(d). The bank appealed.
Ruling: 
Assignee bank had standing to seek relief from stay despite failure to note lien on certificate of title.
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Consumer case opionion summary, case decided on December 05,2011, LexisNexis #1211-113

Tyson v. Hunt (In re Tyson)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendants, the United States and a purchaser, alleging that the government violated the automatic bankruptcy stay of 11 U.S.C.S. § 362 by a postpetition foreclosure against the debtor's property, and that the purchaser of the debtor's property at the sale violated the stay by refusing to acknowledge the invalidity of the sale. The debtor moved for summary judgment.
Ruling: 
Government violated stay by proceeding with postpetition foreclosure sale as did purchaser by recording deed.
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Consumer case opionion summary, case decided on June 07,2011, LexisNexis #0611-110

In re Morris

The U.S. Trustee filed a motion to dismiss a debtor's current case with prejudice based on the debtor's prior filings and his failure to comply with the requirements of 11 U.S.C.S. §§ 109 and 521. In support of its motion, the U.S. Trustee alleged that the debtor's case should be dismissed for cause pursuant to 11 U.S.C.S. § 1112(b)(4)(A) and (F).
Ruling: 
Debtor's fourth case in eight years dismissed with two-year filing bar for failure to pay fees or comply with credit counseling requirement.
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Consumer case opionion summary, case decided on October 06,2010, LexisNexis #1110-061

Simon v. Amir (In re Amir)

Appellant, the pro se Chapter 7 debtor, sought to challenge numerous orders of the United States Bankruptcy Court for the Northern District of Ohio. The primary issues that were reviewable were whether the bankruptcy court erred in denying debtor's emergency motion to strike the petition, and retroactively annulled the automatic stay, and in denying his emergency motion to dismiss the case pursuant to 11 U.S.C.S. § 521(i).
Ruling: 
Bankruptcy court properly denied motion for dismissal on grounds of forged signature on petition where debtor's conduct validated filing.
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Consumer case opionion summary, case decided on August 05,2010, LexisNexis #1010-111

In re Morris

The court conducted a hearing on a creditor's motion to lift stay, Fed. R. Bankr. P. 9014. Debtor opposed the motion.
Ruling: 
Creditor could seek to recover damages for personal injury from debtor's insurer without violating discharge injunction.
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Consumer case opionion summary, case decided on June 07,2010, LexisNexis #0810-123

Cook v. Department of Safety of Tenn. (In re Cook)

Plaintiff debtors filed an expedited motion for contempt against defendants, the State of Tennessee Department of Safety and the Jackson Metro Narcotics Unit. Pursuant to the motion, debtors sought immediate turnover of a vehicle, monetary sanctions, compensatory damages, and an award of attorneys fees and costs against defendants. At the hearing, defendants sought dismissal of the underlying adversary proceeding.
Ruling: 
Motion for contempt for failure to comply with turnover order denied where service was improper.
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Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-105

Doucet v. Drydock Coal Co. (In re Oakley)

Appellees, a chapter 7 trustee and a bank, filed an adversary proceeding against appellants, a coal company, a chapter 7 debtor, and individuals who owned the company's stock, seeking a judgment that an agreement which allegedly restricted stockholders from pledging the company's stock was of no effect. The U.S. Bankruptcy Court for the Southern District of Ohio, Eastern Division, entered judgment for appellees, and the stockholders appealed.
Ruling: 
Claim based on stock pledge by debtor to secure loan was not barred by pledge restriction in 1981 agreement.
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Consumer case opionion summary, case decided on December 02,2009, LexisNexis #1209-138

Ford Motor Credit Co. LLC v. Morton (In re Morton)

Appellant creditor sought reversal of an order entered sua sponte by the U.S. Bankruptcy Court for the Southern District of Ohio disapproving an attorney certified reaffirmation agreement entered into by the creditor and debtor.
Ruling: 
Best interests of debtor were not proper sole consideration for disapproving attorney certified reaffirmation agreement.
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Consumer case opionion summary, case decided on September 09,2009, LexisNexis #1009-015

Doucet v. Drycock Coal Com. (In re Oakley)

Appellees, a bankruptcy trustee and a creditor, brought an adversary proceeding against pro se appellant bankruptcy debtor and others seeking a determination that certain stock was property of the debtor's estate in which the creditor claimed a security interest. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which denied the debtor's posttrial motion to dismiss for lack of jurisdiction and standing.
Ruling: 
Bankruptcy court had jurisdiction over proceeding concerning stock that was property of the estate.
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Consumer case opionion summary, case decided on June 18,2009, LexisNexis #0709-105

In re Johnson

The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
Ruling: 
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
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