Nov
03
2023
Nadeau, In re--Dymarkowski v. Nadeau
Ruling:
There was no basis for reconsideration of judgment upholding state court finding that creditorwas entitled to a judgment for its commission. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on November 03,2023, LexisNexis #0124-025
Sep
28
2023
Nadeau, In re--Dymarkowski v. Nadeau
Ruling:
Debtor's transfer of property into revocable living trust within two years of petition date wasavoided as made with actual intent to hinder or delay collection efforts by a creditor. (Bankr.N.D. Ohio)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-011
Sep
21
2023
Stovall, In re
Ruling:
Debtors' motion to avoid the judicial lien of creditor on their residence was denied asnonexempt equity remained against which the lien could and did attach. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2023, LexisNexis #1123-087
Jun
15
2023
Werman, In re--Simply Funding, LLC v. Werman
Ruling:
Circumstantial evidence construed in a light most favorable to the debtor failed to support anondischargeability claim. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on June 15,2023, LexisNexis #0823-032
Mar
14
2023
Weaver, In re
Ruling:
Debtor's motion to modify his confirmed plan was denied as debtor provided no evidence of how events resulted in an increase in his expenses to justify reducing his monthly plan payment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 14,2023, LexisNexis #0523-046
Mar
14
2023
Weaver, In re
Ruling:
Debtor's motion to modify his confirmed plan was denied as debtor provided no evidence of how events resulted in an increase in his expenses to justify reducing his monthly plan payment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 14,2023, LexisNexis #0523-046
Feb
21
2023
Williamson, In re
Ruling:
Social security benefits were not disposable income and were excluded from the debtors' current monthly income. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-074
Feb
14
2023
Miller, In re--Countryside Serv. Co. v. Miller
Ruling:
Debt was not excepted from defendant's Chapter 7 discharge as plaintiff failed to prove by a preponderance of the evidence that the injury was willful. (Bankr. N.D. Ohio) In an adversary proceeding where plaintiff sought an exception for the debt owed by defendant, the debt was not excepted from defendant's Chapter 7 discharge under 11 U.S.C. § 523(a)(6) because, although plaintiff proved by a preponderance of the evidence that the injury was malicious, it failed to prove by a preponderance of the evidence that the injury was willful under 11 U.S.C. § 523(a)(6). Miller, In re--Countryside Serv. Co. v. Miller, 2023 Bankr. LEXIS 401 (Bankr. N.D. Ohio February 14, 2023) (Whipple, B.J.).
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Consumer case opionion summary, case decided on February 14,2023, LexisNexis #0423-033
Dec
27
2022
Conte, In re--GBAZ, Inc. v. Conte
Ruling:
Judgment against the debtor was not nondischargeable absent evidence that debtor had anyinvolvement in preparation or submission of fraudulent personal financial statement. (Bankr.N.D. Ohio)
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Consumer case opionion summary, case decided on December 27,2022, LexisNexis #0223-084
Dec
29
2022
Eriksen, In re
Ruling:
Debtor’s objection to the student loan services company’s claim on behalf of the Departmentof Education was overruled as there was no reason to hold the objection in abeyance pendinglitigation over President Biden's proposed student loan program. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on December 29,2022, LexisNexis #0223-077