Stovall, In re
Sep
21
2023
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)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Kessler, In re--Zurn v. Kessler
Mar
31
2022
Ruling
Trustee could not avoid the transfer of a lien interest in the vehicle to the creditor as thevehicle was not property of the debtor on or before the petition date. (Bankr. N.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
Weather King Heating & Air, Inc., In re--Weather King Heating & Air, Inc. v. United States Small Bus. Admin.
May
20
2020
Ruling
Debtor granted temporary-restraining order on enforcement of the Safe Harbor deadline for repaying funds received under the CARES Act. (Bankr. N.D. Ohio)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Governmental Unit.
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Court
:
( Judge Koschik ) [ Bankruptcy Court ]
McDonald, In re--McDermott v. McDonald
Apr
17
2020
Ruling
Trustee entitled to summary judgment where debtor failed to explain satisfactorily thedissipation of substantial cash. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp.
Mar
26
2020
Ruling
Motion to dismiss trustee’s avoidance proceeding granted where lien at issue was a statutorylien that not be avoided as a preferential transfer. (Bankr. N.D. Ohio)
Issue(s)
Statutory Liens.
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Court
:
FirstEnergy Sols. Corp., In re
Sep
18
2018
Ruling
Court denied power companies' motion seeking authority to make payments under key employee retention plan as it was not fair and reasonable, and it discriminated between union and nonunion employees. (Bankr. N.D. Ohio)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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Court
:
Sledge, In re
Aug
27
2018
Ruling
Trustee's motion to increase the unsecured dividend from 25 percent to 100 percent was timely as the debtor's payments to the trustee promised by her existing confirmed plan had not yet been completed. (Bankr. N.D. Ohio)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
:
- 11 U.S.C.
FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n
May
18
2018
Ruling
Court ruled that FERC was not allowed to exercise its police and regulatory powers to bypassthe automatic stay imposed by the court in proceedings involving parties to a power contractregulated by FERC. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
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Court
:
Jeffers, In re
Jun
30
2017
Ruling
Court granted debtor's ex-wife relief from automatic stay as to allow her proceed in state courtto obtain the qualified domestic relations order necessary to obtain the distribution of herassets from their current custodian. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
McClafferty, In re--McClafferty v. DeWine
Apr
14
2017
Ruling
Motion to dismiss for failure to state a claim granted where there was no violation of theautomatic stay and no willful violation giving rise to a claim for damages. (Bankr. N.D. Ohio)
Issue(s)
Change of Venue.
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Court
: