Skip to main content

Page Banner(Taxonomy)

northern district of ohio

Klinger, In re

Ruling
Bonus that debtor was paid post-petition was not property of his bankruptcy estate and thetrustee could not recover and use it for the benefit of the estate. (Bankr. N.D. Ohio)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

ABI Membership is required to access the full summary of Klinger, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 01, 2020 , LexisNexis #0520-064

Somogye, In re--Ott v. Somogye

Ruling
Representations that debtor made about his experience and qualifications to perform newgarage construction and home remodeling were material for the purposes of anondischargeability claim. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Somogye, In re--Ott v. Somogye Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 30, 2020 , LexisNexis #0520-034

R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp.

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.

ABI Membership is required to access the full summary of R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 26, 2020 , LexisNexis #0520-041

Koglman, In re

Ruling
Dismissal of debtor's Chapter 7 case for abuse was warranted because debtor understated hercurrent monthly income. (Bankr. N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Koglman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 26, 2020 , LexisNexis #0420-020

Bauer, In re

Ruling
Relief from stay granted as debtor failed to pay real estate taxes for several years and proposedmonthly payments that were insufficient to allow a plan to be confirmed. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Bauer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-008

Van Auken, In re--McDermott v. Van Auken

Ruling
Debtor's discharge was denied where debtor's petition and schedules regarding his incomefailed to meet the minimum threshold of reliability. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

ABI Membership is required to access the full summary of Van Auken, In re--McDermott v. Van Auken Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 14, 2020 , LexisNexis #0320-093

California Palms, In re

Ruling
Debtor's Chapter 11 case dismissed as a bad faith filing. (Bankr. N.D. Ohio)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of California Palms, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 14, 2020 , LexisNexis #0220-071

Teter, In re

Ruling
Debtor's motion for summary judgment on trustee's motion to dismiss denied where courtheld that the better course would be to develop a complete record on all 707(b) issues. (Bankr.N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

ABI Membership is required to access the full summary of Teter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 11, 2019 , LexisNexis #0120-062

Bair, In re

Ruling
Court overruled debtor's objection to the proof of claim as debtor did not identify any of thegrounds for disallowance enumerated in 11 U.S.C. § 502(b). (Bankr. N.D. Ohio)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Bair, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 14, 2019 , LexisNexis #1219-081

Barksdale, In re

Ruling
Debtor failed to meet his burden of establishing that stay violation caused actual damages andthe law did not permit recovery for the emotional damage that allegedly resulted. (Bankr. N.D.Ohio)
Issue(s)
Automatic Stay; Remedies for Violation.

ABI Membership is required to access the full summary of Barksdale, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 13, 2019 , LexisNexis #1219-080