- 11 U.S.C.
In re Klosterman Dev. Corp.
Aug
29
2013
Ruling
Confirmation denied due to failure to meet cramdown requirements or absolute priority rule.
Issue(s)
Was debtor's cramdown plan fair and equitable as to treatment of impaired claims of creditors who had not accepted the plan.
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Court
:
- 11 U.S.C.
Palazzola v. City of Toledo (In re Palazzola)
Aug
19
2013
Ruling
Invoices for prepetition sewer charges violated discharge injunction.
Issue(s)
Did invoices for prepetition sewer charges sent by city violate the discharge injunction.
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Court
:
- 28 U.S.C.
Construction Date Solutions LLC v. Grant (In re Grant)
Aug
19
2013
Ruling
Transfer of venue denied where forum non conveniens was not established.
Issue(s)
Should venue of adversary proceeding be changed to district where debtor formerly lived and conducted business with creditor.
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Court
:
- 11 U.S.C.
Palazzola v. City of Toledo (In re Palazzola)
Aug
19
2013
Ruling
Debtor could not substitute for deceased spouse in proceeding for violation of discharge injunction which was property of spouse's bankruptcy estate.
Issue(s)
Was debtor proper party to be substituted for deceased debtor spouse in adversary proceeding for violation of discharge injunction.
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Court
:
- 11 U.S.C.
Tillimon v. Mack (In re Mack)
Jul
23
2013
Ruling
Check drawn on insufficient funds was not basis for nondischargeable debt absent evidence of fraudulent intent, larceny or embezzlement.
Issue(s)
Whether a default judgment a lessor obtained in an Ohio municipal court, which awarded the lessor $1,550 under Ohio Rev. Code Ann.§ 2307.61 based on his claim that a check a male Chapter 7 debtor gave him was returned for insufficient funds, was nondischargeable under 11 U.S.C.S. § 523.
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Court
:
- 11 U.S.C.
In re Caffey
Jun
24
2013
Ruling
Relief from stay to proceed against motor vehicle was unnecessary where stay had expired due to debtor's failure to file statement of intent.
Procedural posture
A creditor filed a motion for relief from the automatic stay and for abandonment with respect to a chapter 7 debtor's vehicle, which it repossessed the day before her case was commenced.
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Court
:
- 11 U.S.C.
In re Newell
Jun
17
2013
Ruling
Motion to reopen case to file reaffirmation agreement for motor vehicle debt denied.
Procedural posture
Debtor filed a motion to reopen her chapter 7 case for the purpose of filing a reaffirmation agreement relating to debt secured by debtor's motor vehicle.
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Court
:
In re Parthemore
Jun
17
2013
Ruling
Debtors motion to reopen case to file postdischarge reaffirmation agreement for debt on residence denied.
Procedural posture
Chapter 7 debtors filed a motion to reopen their bankruptcy proceeding pursuant to 11 U.S.C.S. § 350(b) for the purpose of filing a reaffirmation agreement relating to debt secured by the debtors' real property that was their residence.
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Court
:
Parker v. Donnelly (In re Donnelly)
Mar
29
2013
Ruling
Discharge denied due to debtor's failure to obey court order for examination.
Procedural posture
Chapter 7 trustee filed a complaint against defendant debtors to revoke their chapter 7 discharges pursuant to 11 U.S.C.S. § 727(d)(2) and (d)(3). The trustee filed an unopposed motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c), made applicable by Fed. R. Bankr. P. 7012(b).
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Court
:
In re Copeland
Mar
26
2013
Ruling
Case ordered converted or dismissed where proper calculation of monthly disposable income gave rise to presumption of abuse.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtor's petition for abuse, pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(2).
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Court
: