Baver, In re
Nov
02
2021
Ruling
Contract was no longer executory and could not be rejected following court order for specificperformance. (Bankr. S.D. Ohio)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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Court
:
Smith, In re
Nov
17
2020
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)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal
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Court
:
- 11 U.S.C.
Perez, In re
Dec
30
2019
Ruling
Debtor's discharge was denied as he intentionally failed to disclose assets and income to avoidcollection of the judgment against him. (B.A.P. 6th Cir.)
Issue(s)
Discharge; Grounds for Denial; Fraud.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Mention, In re
Oct
18
2019
Ruling
Court awarded damages where creditor's inaccurate reporting of debtor's discharged debtviolated the discharge injunction. (Bankr. S.D. Ohio)
Issue(s)
Effect of Discharge.
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Court
:
Bruce, In re--McDermott v. Bruce
Oct
18
2018
Ruling
Denial of discharge denied as genuine issues of material fact existed with respect to the debtor's intent which was a required element of the claims. (Bankr. S.D. Ohio)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
Earls v. United States (In re Earls)
Apr
15
2016
Ruling
The unsecured portion of the IRS's claim for taxes and interest was nondischargeable as debtor's filings that were delayed by three years did not qualify as "returns."
Issue(s)
Whether a federal tax return filed after the Internal Revenue Service has assessed a taxpayer's tax liability pur-suant to 26 U.S.C. § 6020(b) qualifies as a "return" for purposes of § 523(a) relating to the dischargeability of tax debts?
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Court
:
- 11 U.S.C.
In re Blankenship
Apr
29
2013
Ruling
Filing of foreclosure complaint against debtors who had not completed confirmed plan violated stay.
Procedural posture
This matter was before the court on debtors' motion to find a creditor in contempt for violation of the automatic stay. The creditor filed a Response and Objection. By the Motion, debtors sought a finding by the court that the creditor violated the automatic stay provision of 11 U.S.C.S. § 362 and requested the imposition of sanctions, including attorneys' fees and other relief deemed just and appropriate.
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Court
:
- 11 U.S.C.
In re Poff
Mar
16
2012
Ruling
Confirmation denied due to provision imposing duty on creditors to comply with § 524(i).
Procedural posture
Before the court was the confirmation of the chapter 13 debtor's plan.
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Court
:
Burks v. Deutsche Bank Natl Trust Co. (In re Goheen)
Mar
02
2012
Ruling
Mortgages recorded with missing pages could be avoided.
Procedural posture
Plaintiff chapter 13 trustee filed an adversary proceeding against defendant bank, seeking a determination that she was allowed under 11 U.S.C.S. § 544(a) to avoid a first mortgage noted on a registered land certificate of title for a chapter 13 debtor's residence, on grounds that the mortgage as filed was not properly executed. The trustee filed a motion for summary judgment, and the bank filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Garvey
Sep
28
2011
Ruling
Funding source did not affect debtor's IRA exemption.
Procedural posture
A bankruptcy debtor claimed exemptions in tax-exempt individual retirement accounts (IRAs) pursuant to 11 U.S.C.S. § 522(b)(3)(C), the bankruptcy trustee objected to the exemptions.
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Court
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