Southern District

Dees, In re

Ruling: 
Debt owed to assisted living facility was nondischargeable based on debtor's actions, thewillful and malicious embezzlement. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 22,2021, LexisNexis #0521-062

Wyman, In re--Renneker v. Wyman

Ruling: 
Trustee was denied summary judgment to avoid the transfer because a material issue of factexisted as to the husband's intent in transferring the vehicle approximately one week priorto the petition date. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-012

Asbra, In re

Ruling: 
Motion to dismiss Chapter 7 case was denied as the evidence was insufficient to establish thatdebtor reduced his creditors to a single creditor pre-petition. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-091

Tagnetics Inc., In re

Ruling: 
Court awarded attorney fees incurred in enforcing settlement agreement with reduction fordebtor's noncompliance while appeals were pending. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on February 01,2021, LexisNexis #0321-052

Murray Metallurgical Coal Holdings, LLC, In re

Ruling: 
Proposed Chapter 11 plan was confirmed as fair and equitable over creditor’s objection tocramdown interest rate. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on January 11,2021, LexisNexis #0221-070

Smith, In re

Ruling: 
Debtors were not entitled to reconsideration where creditor's filing of a notice of mortgagepayment change did not violate the automatic stay. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 17,2020, LexisNexis #0221-074

Short, In re

Ruling: 
Debtor could avoid pre-petition interest on wholly unsecured mortgage attached to formerspouse’s interest in property. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2020, LexisNexis #1120-004

Hopedale Mining LLC, In re

Ruling: 
Asset sale agreements approved as they were entered into by the debtors and each of thebuyers in good faith and each buyer was entitled to all the protections provided to a goodfaith purchaser. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-077

Hopedale Mining LLC, In re

Ruling: 
Objecting utilities were entitled to additional assurance of payment because they wereentitled to protection from unreasonable risk of nonpayment. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on September 01,2020, LexisNexis #1020-078

GYPC, Inc., In re--Harker v. Cummings

Ruling: 
Trustee sufficiently pled insolvency where the allegations raised the specter that debtor mighthave been insolvent both before and after a merger and that debtor merged with an apparentlywholly-owned insolvent subsidiary. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 04,2020, LexisNexis #1020-062

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