- 11 U.S.C.
Jorge, In re
May
26
2017
Ruling
Arbitration was not appropriate as the bankruptcy court was the proper forum for addressingviolations of automatic stay. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
In re Cibella
Nov
17
2016
Ruling
Personal injury cause of action was not property of the estate where debtor could not pursue aclaim for damages. (Bankr. N.D. Ohio)
Issue(s)
Property of the Estate.
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Court
:
- 11 U.S.C.
In re Mocella
Jun
17
2016
Ruling
Letter of default and other actions by bank in violation of stipulation were violations of the automatic stay.
Issue(s)
Should lender be held in contempt and assessed damages for violating the automatic stay?
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:
In re Mocella
Jun
15
2016
Ruling
Mortgage company violated the automatic stay by mistakenly filing claim to which it had not
right and delaying in returning payments received by trustee.
right and delaying in returning payments received by trustee.
Issue(s)
Did bank’s actions during debtor’s bankruptcy case violate the automatic stay?
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Court
:
- 11 U.S.C.
In re Creighton
Mar
21
2013
Ruling
Ridicule experienced by debtor was not grounds for sealing seven year-old case.
Procedural posture
Chapter 7 debtor filed a motion to partially seal bankruptcy records pursuant to 11 U.S.C.S. § 107(b)(2) and (c)(1).
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Court
:
- 11 U.S.C.
Congrove v. North Hancock Bank & Trust Co. (In re Congrove)
Jan
07
2013
Ruling
Anti-modification provision was not applicable to property that was not debtor's primary residence.
Procedural posture
Adversary plaintiffs, chapter 13 debtors, proposed to bifurcate the claim of creditor, the mortgagee on their real property and manufactured home, into a secured claim in the amount of $50,000 and an unsecured claim in the amount of $47,349. Debtors requested the court to determine the extent and value of creditor's lien in accordance with 11 U.S.C.S. § 506. Creditor moved for summary judgment.
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:
- FRBP
In re Adkins
Aug
10
2012
Ruling
Creditor could not be excused from mandatory compliance with rule requiring notice of payment change.
Procedural posture
In debtor's chapter 13 case, movant creditor filed a motion to be excused from filing a notice of payment change, as required by Fed. R. Bankr. P. 3002.1(b).
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:
- 11 U.S.C.
In re Cassetto
Jul
25
2012
Ruling
Trustee could effectuate execution of oil and gas lease as part of administration of estate property.
Procedural posture
Movant, the chapter 7 trustee, sought to effectuate the execution of an oil and gas lease on debtors' 15.5 acres real property. The trustee stated that he would abandon the lease and the real estate to the debtors, who would receive any future royalty payments and any signing bonus in connection with renewal of the lease. Debtors responded that the property would be diminished in value by such a lease.
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Court
:
- 11 U.S.C.
In re Whitney
Oct
25
2011
Ruling
Debtor was not entitled to homestead exemption in lot adjacent to residence.
Procedural posture
The chapter 7 trustee objected to the homestead exemption claimed by debtors, a married couple, per Ohio Rev. Code Ann. § 2329.66 on the ground that it impermissibly covered two contiguous parcels, one of which was the site of their home and the other of which was vacant. In addition, the trustee challenged whether the homestead exemption applied to mineral and gas rights associated with the claimed homestead.
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In re Forum Health
Mar
17
2011
Ruling
Voluntary dismissal granted where debtors' joint bond obligations were satisfied by joint obligors in their own cases.
Procedural posture
Two chapter 11 debtors, both non-profit foundations (foundations), each filed motions to dismiss their chapter 11 bankruptcy cases pursuant to 11 U.S.C.S. § 1112(b). The Official Committee of Unsecured Creditors filed objections to the dismissal.
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Court
: