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Judge Morgenstern-Clarren

Scott, In re--DeWine v. Scott

Ruling: 
Debtor was denied discharge of his debts after failing to justify why he was unable to providerecords related to his work and dealings in his management company. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 24,2017, LexisNexis #0617-078

Zovkic, In re--NCUA Bd. v. Zovkic

Ruling: 
Court granted parties' joint motion to vacate its earlier judgment in favor of the debtor because the vacatur will allow the parties to resolve the contentious district court litigation before trial. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 22,2017, LexisNexis #0417-120

Lamento v. United States Dept of Educ. (In Lamento)

Ruling: 
Student loan was dischargeable due to debtor's inability to maintain minimal standard of living that was likely to persist.
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Consumer case opionion summary, case decided on October 29,2014, LexisNexis #1214-125

Wojcik v. Gold (In re Daher)

Ruling: 
Debtor's prepetition mortgage insurance proceeds were property of the estate.
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Consumer case opionion summary, case decided on April 18,2014, LexisNexis #0115-018

In re Diamantis

Ruling: 
Debtor could not claim exemption in voluntary repayment of disability payments to employer.
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Consumer case opionion summary, case decided on March 24,2014, LexisNexis #0414-045

In re Medlar

Ruling: 
Stay pending appeal of order granting relief from stay to allow state court to resolve parties' dispute denied.
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Consumer case opionion summary, case decided on February 07,2014, LexisNexis #0314-033

In re Medlar

Ruling: 
Debtor not entitled to emergency injunction against condominium association that had already been granted relief from stay.
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Consumer case opionion summary, case decided on February 05,2014, LexisNexis #0214-140

In re Lavine

A chapter 7 debtor filed an amended motion to avoid the judgment lien of a bank pursuant to 11 U.S.C.S. § 522(f)(1)(A) to the extent that the lien impaired his exemptions on his homestead, which he claimed pursuant to Ohio Rev. Code Ann. § 2329.66(A)(1) and (A)(18).
Ruling: 
Exemption in property held in survivorship with non-debtor spouse calculated based on debtor's 50 percent interest and 50 percent of mortgage debt.
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Consumer case opionion summary, case decided on September 18,2012, LexisNexis #1012-124

In re AmFin Fin. Corp.

The chapter 11 debtors filed a motion for an order (1) approving sale procedures; (2) authorizing a debtor to sell certain assets to a bank free and clear of liens, claims, interests, and encumbrances; (3) approving the assumption and assignment or rejection of executory contracts; (4) waiving the Fed. R. Bankr. P. 6004(g) 14-day stay; and (5) waiving the Bankr. N.D. Ohio R. 9013-2 memorandum requirement. Some creditors filed objections.
Ruling: 
Sale of debtor's assets free and clear approved along with sale procedures, waiver of 14-day stay and assumption or rejection of executory contracts.
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Commercial case opionion summary, case decided on August 30,2010, LexisNexis #0111-045

In re Corrigan

The United States Trustee (UST) moved to review fees charged by a petition preparer, to require him to refund fees, and to impose sanctions. The UST alleged that the preparer violated 11 U.S.C.S. § 110(i)(1)(A) and (B) by failing to disclose that he prepared a chapter 13 debtor's documents and failing to file a disclosure of compensation. Additionally, he alleged that the preparer caused the debtor to violate Fed. R. Bankr. P. 1006(b)(3).
Ruling: 
Bankruptcy petition preparer who misrepresented self as attorney sanctioned and ordered to disgorge fees.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0410-071

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