Judge Fulton

NAJA LLC v. Jacks Co. LLC (In re Dynamic Group LLC)

Plaintiff, the seller of real property under a complicated asset purchase agreement to debtor entities, brought an adversary complaint for declaratory and other relief to the end that certain of the defendants, debtors and others, owed the seller $1,800,000 plus costs, late fees, interest, penalties and attorney's fees, and that the seller held an equitable lien entitled to priority over the other parties against the real property.
Ruling: 
Seller of real property under asset purchase agreement held priority equitable lien superior to interest of trustee.
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Commercial case opionion summary, case decided on January 03,2011, LexisNexis #0111-127

Chase Bank USA v. Turnbow (In re Turnbow)

Creditor filed an adversary proceeding against chapter 7 debtors seeking a determination that debts were nondischargeable under 11 U.S.C.S. § 523(a)(2).
Ruling: 
Purchase of lawn mower within 90 days of petition date did not result in nondischargeable credit card debt.
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Consumer case opionion summary, case decided on May 10,2010, LexisNexis #0810-050

Countrywide Home Loans v. Dickson (In re Dickson)

Creditor appealed from an order of the Bankruptcy Court for the Eastern District of Kentucky granting judgment in favor of the chapter 13 debtor, allowing her to avoid the creditor's lien on her manufactured home, that was made of record during the preference period, in an adversary proceeding pursuant to 11 U.S.C.S. §§ 544, 547, 550, and 551.
Ruling: 
Bankruptcy court properly avoided preference period lien on debtor's manufactured home.
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Consumer case opionion summary, case decided on April 12,2010, LexisNexis #0610-098

Streich v. Smith (In re Smith)

Plaintiff creditor, an attorney that had shared office space, television advertising for legal services, and had some informal working relationship with the debtor, sought to deny the debtor a discharge under 11 U.S.C.S. § 523(a)(2)(A), 523(a)(4) and 523(a)(6). The creditor alleged he worked on numerous cases and paid many expenses for which he was not compensated, and that the debtor hid files and fees from him.
Ruling: 
Alleged debt to attorney with whom debtor had working relationship for alleged failure to compensate dismissed due to lack of credible evidence.
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Consumer case opionion summary, case decided on January 20,2010, LexisNexis #0210-116

ELM Rd. Dev. Co. v. Buckeye Retirement Co. LLC Ltd. (In re Hake)

Appellants, debtor and shareholders, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division at Youngstown, that granted summary judgment in favor of defendants, transferees, that certain carve-out assets were property of the bankruptcy estate and that restrictions on a the debtor's sale constituted an unenforceable restraint on alienation of property under Ohio law.
Ruling: 
Trustee's sale of debtor's property interests upheld.
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Consumer case opionion summary, case decided on December 04,2009, LexisNexis #1209-137

Palmer v. Washington Mut. Bank (In re Ritchie)

Creditor challenged an order of the bankruptcy court for the Eastern District of Kentucky granting the motion for summary judgment of plaintiff, the chapter 7 Trustee, and avoiding the creditor's lien on debtor's manufactured home.
Ruling: 
Creditor's alleged interest in debtor's manufactured home properly avoided by bankruptcy court in accordance with state law.
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Consumer case opionion summary, case decided on September 24,2009, LexisNexis #1009-085

Faruqi v. Anjum (In re Anjum)

The debtor's former spouse filed a complaint to determine the nondischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(6). At issue was whether the conduct underlying a determination that debtor was liable to spouse for certain attorneys fees in a state court proceeding was of the type properly sanctioned under § 523(a)(6).
Ruling: 
Debt arising from debtor's failure to appear at civil trial was dischargeable absent proof of willful or malicious conduct.
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Consumer case opionion summary, case decided on March 12,2009, LexisNexis #0409-050

In re Bryant

A debtor filed for relief under chapter 7 and received a discharge. The debtor filed a motion for relief from a post-discharge offset sought by the Internal Revenue Service (IRS). The debtor claimed that his discharge precluded the IRS from offsetting a prepetition refund with a prepetition liability.
Ruling: 
Discharge did not preclude IRS from offsetting prepetition refund with prepetition liability.
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Consumer case opionion summary, case decided on January 13,2009, LexisNexis #0209-098

In re Wingerter

Creditor appealed an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, that imposed sanctions under Fed. R. Bankr. P. 9011(b). The bankruptcy court concluded that the creditor failed to with Fed. R. Bankr. P. 9011(b) to make a reasonable inquiry into the basis of its claim before filing the proof of claim because it made no effort to comply with Fed. R. Bankr. P. 3001(c) and Official Bankr. Form 10.
Ruling: 
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-021

Citizens Union Bank v. Hayden (In re Hayden)

Plaintiff creditor filed an adversary proceeding seeking a denial of defendant debtor's discharge under 11 U.S.C.S. §§ 727(a)(4), 523(a)(2)(A), 523(a)(2)(B), 523(a)(4), and 523(a)(6).
Ruling: 
Failure of debtor's son to make payments on loan taken out by debtor to fund son's business was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 07,2008, LexisNexis #1208-123

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