Judge Caldwell

In re Henderson

The court ordered debtor to appear and show cause as to why she should not be permanently barred from seeking future relief under Title 11 of the U.S. Code. The court held a show cause hearing at which debtor did not appear.
Ruling: 
Case dismissed due to debtor's issuance of forged document, ineligibility at petition date and failure to appear at creditors' meeting or show cause hearing.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0512-108

In re Clarke

Alleged debtors, a married couple, moved to dismiss an involuntary chapter 7 petition filed against them by plaintiff bank. Issues included whether the filing of a single petition against debtors divested the court of subject matter jurisdiction and whether debtors in fact had twelve of more creditors, thereby triggering the three-creditor requirement in 11 U.S.C.S. § 303(b)(1) and (2).
Ruling: 
Jurisdictional question of single involuntary petition against married debtors resolved by severance.
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Consumer case opionion summary, case decided on December 20,2011, LexisNexis #0212-037

In re US Route 23 Supply LLC

Chapter 11 debtor sought confirmation of its second amended plan of reorganization. Certain creditors filed objections to confirmation.
Ruling: 
Plan allowing sole equity holder to retain interest could not be confirmed due to absolute priority rule.
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Commercial case opionion summary, case decided on October 14,2011, LexisNexis #1111-034

McDermott v. Ketema (In re Ketema)

Plaintiff United States Trustee (UST) filed a complaint to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3) on the grounds that he underreported income from his businesses and/or concealed assets.
Ruling: 
Discharge denied due to underreported income.
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Consumer case opionion summary, case decided on July 28,2011, LexisNexis #0811-127

Rhiel v. Mortgage Elec. Registration Sys. (In re Gavin)

Trustee brought an action against defendants alleging that a refinancing mortgage could be avoided as a constructive fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B) and under the Ohio Uniform Fraudulent Transfer Act (Ohio UFTA), Ohio Rev. Code Ann. § 1336.04(A)(2).
Ruling: 
Mortgage securing refinance for which debtor was not obligated on the note was not a fraudulent transfer.
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Consumer case opionion summary, case decided on July 11,2011, LexisNexis #0811-026

Valley Title and Escrow Agency Inc. v. Metzger (In re Metzger)

Plaintiff title company sought a judgment of non-dischargeability under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6) on account of the use, by Chapter 7 debtor, of the proceeds of a check for $26,246 in connection with a refinancing transaction. Debtor contested plaintiff's claims and sought a determination that the obligation was dischargeable.
Ruling: 
Claim for excess funds freely disbursed by creditor's attorney to debtor at refinance closing was dischargeable.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0311-049

Clippard v. Ragle (In re Ragle)

Appellant United States Trustee filed a motion for a rehearing a decision of the court, which dismissed, for lack of jurisdiction, his appeal of the bankruptcy court's order denying his motion to dismiss appellee debtors'chapter 7 bankruptcy case under 11 U.S.C.S. § 707(b)(1).
Ruling: 
Bankruptcy court properly allowed debtor to deduct ownership expense for vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-084

Sanderson Farms Inc. v. Gasbarro (In re Gasbarro)

Creditor filed an adversary proceeding against debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (6). The court conducted a hearing to determine whether to receive into evidence exhibits offered by the creditor, and if not, whether the adversary proceeding should be dismissed.
Ruling: 
Dischargeability proceeding dismissed as state court proceeding was not preclusive and creditor's evidence was limited creditor's own testimony.
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Consumer case opionion summary, case decided on June 06,2008, LexisNexis #0708-060

Greene v. Greene

Plaintiff, a chapter 13 debtor, filed an adversary proceeding against defendants, the debtor's former spouse and a state court. In April 2007, the claims asserted against the state court were dismissed. The debtor sought recovery of divorce related awards that were given to the spouse and sought to avoid all associated liens held by the spouse.
Ruling: 
Awards and liens granted to debtor's former spouse as part of divorce decree were not subject to avoidance.
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Consumer case opionion summary, case decided on May 30,2008, LexisNexis #0708-010

In re Fixit Natl Install Servs.

A debtor filed for relief under chapter 11 of the United States Bankruptcy Code. A plan was confirmed and the debtor received a discharge. The creditors filed claims against the debtor and the debtor sought to enforce the injunction and discharge provisions afforded by its confirmed plan. The creditors sought sanctions, legal fees, and costs.
Ruling: 
Creditors who did not receive proper notice of bankruptcy were not bound by discharge injunction.
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Commercial case opionion summary, case decided on March 20,2008, LexisNexis #0408-086

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