Northern District

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

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

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

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

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

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

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

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

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

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

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