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Judge Humphrey

Elms, In re

Ruling: 
Funds held by Chapter 13 trustee were required to be distributed to debtors followingdismissal of six post-confirmation Chapter 13 cases. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on July 16,2019, LexisNexis #0919-052

Wohleber, In re--Wohleber v. Skurko

Ruling: 
Order finding no stay violation occurred vacated where debtor's former wife and her attorneyhad duty to take affirmative action to prevent the use of sentencing hearing and debtor'sconfinement to coerce payment of dischargeable property settlement. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 04,2019, LexisNexis #0519-004

Bell, In re

Ruling: 
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075

Trask, In re--Trask v. Greenville Fed.

Ruling: 
Motion to stay proceedings granted to permit the underlying issues to be litigated in the statecourt. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #1018-083

Browning, In re--HOEYHJ, Ltd. v. Browning

Ruling: 
Debtor could not have committed larceny as check was lawfully received by her. (Bankr. S.D.Ohio)
ABI Membership is required to access the full summary of Browning, In re--HOEYHJ, Ltd. v. Browning. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0818-070

Smith, In re--Smith v. Rieser

Ruling: 
Post-petition, pre-conversion funds from rental properties, when the debtors acted as chapter11 debtors-in-possession, belonged to the bankruptcy estate. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on April 24,2018, LexisNexis #0818-075

Grove, In re--Slates v. Grove

Ruling: 
Bankruptcy court deemed debt and attorney's fees arising from fraud as nondischargeable.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0818-068

Jenkins, In re

Ruling: 
Creditor's added terms were void and unenforceable as a party to a reaffirmation agreementcannot bootstrap contract terms into the reaffirmation agreement through inconspicuousadditions to the statutory disclosures. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 26,2017, LexisNexis #1117-031

Stubbs, In re--Stein v. Stubbs

Ruling: 
Order vacating a Rule 2004 examination was an abuse of discretion where debtor did not object to the trustee's Rule 2004 examination and trustee had good cause for conducting the examination. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 09,2017, LexisNexis #0417-058

Spradlin v. Khouri (In re Bruner)

Ruling: 
Bankruptcy court did not err in denying trustee's request for turnover of the funds as trusteedid not meet her burden of establishing that the attorney fee was property of the estate. (B.A.P.6th Cir.)
ABI Membership is required to access the full summary of Spradlin v. Khouri (In re Bruner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-040

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