In re Rice
Dec
05
2011
Ruling
Assignee bank had standing to seek relief from stay despite failure to note lien on certificate of title.
Procedural posture
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.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Tyson v. Hunt (In re Tyson)
Jun
07
2011
Ruling
Government violated stay by proceeding with postpetition foreclosure sale as did purchaser by recording deed.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Morris
Oct
06
2010
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.
Procedural posture
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).
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Court
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Simon v. Amir (In re Amir)
Aug
05
2010
Ruling
Bankruptcy court properly denied motion for dismissal on grounds of forged signature on petition where debtor's conduct validated filing.
Procedural posture
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).
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Court
:
Judge or Jurisdiction information not available
In re Morris
Jun
07
2010
Ruling
Creditor could seek to recover damages for personal injury from debtor's insurer without violating discharge injunction.
Procedural posture
The court conducted a hearing on a creditor's motion to lift stay, Fed. R. Bankr. P. 9014. Debtor opposed the motion.
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Court
:
- FRBP
Cook v. Department of Safety of Tenn. (In re Cook)
Dec
14
2009
Ruling
Motion for contempt for failure to comply with turnover order denied where service was improper.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Doucet v. Drydock Coal Co. (In re Oakley)
Dec
02
2009
Ruling
Claim based on stock pledge by debtor to secure loan was not barred by pledge restriction in 1981 agreement.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
Ford Motor Credit Co. LLC v. Morton (In re Morton)
Sep
09
2009
Ruling
Best interests of debtor were not proper sole consideration for disapproving attorney certified reaffirmation agreement.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
Doucet v. Drycock Coal Com. (In re Oakley)
Jun
18
2009
Ruling
Bankruptcy court had jurisdiction over proceeding concerning stock that was property of the estate.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Johnson
Jan
09
2006
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.
Procedural posture
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.
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Court
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