Southern District

Nicole Energy Servs. v. McClathey

Defendants filed a motion to withdraw the reference of an adversary proceeding from the bankruptcy court.
Ruling: 
Adversary proceeding that would not involve substantial decisions under non-bankruptcy law did not call for withdrawal of reference.
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In re Graham

The United States Trustee filed a motion to dismiss chapter 7 debtors'case for substantial abuse pursuant to 11 U.S.C. § 707(b)(2)(A) and pursuant to § 707(b)(3) when considering the totality of debtors'financial circumstances.
Ruling: 
Married debtors'maintenance of two homes did not establish substantial abuse where one spouse worked out of state and the other could not move out of state pursuant to custody order in divorce decree from prior marriage.
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Sayler v. Honda of Am. Mfg.

Defendant employer moved for summary judgment in plaintiff employee's action alleging that the employer terminated his employment in violation of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601 et seq., and state law.
Ruling: 
Summary judgment granted against chapter 13 debtor in postpetition action for wrongful termination under Family and Medical Leave Act which debtor did not identify in plan.
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In re Murray

A creditor filed a motion for an order confirming the inapplicability of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(C)(ii). The debtors responded that a creditor action involving the debtors'property was to occur exclusively in bankruptcy court during the pendency of the chapter 13 case.
Ruling: 
Although stay was not in effect in debtors'third chapter 13 filing, any action by creditor involving property of the estate was to be brought in bankruptcy court.
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Monnie v. Field (In re Bross)

Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.
Ruling: 
Mortgage not executed in compliance with state law could be avoided.
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In re Rose

Chapter 13 secured creditor filed a motion for an allowance of an administrative claim under 11 U.S.C. § 503 in an amount representing the value of creditor's secured claim less payments already received under debtor's plan.
Ruling: 
Lien creditor's loss on stripped car allowed as administrative expense claim.
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In re Pattison

Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.
Ruling: 
Court sustained trustee's confirmation objection since debtor had more monthly income available as disposable income.
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In re Rudicil

Bankruptcy debtors, a husband and wife, moved to avoid a judicial lien pursuant to 11 U.S.C. § 522(f), alleging that prior liens against the debtors'residence, including the dower interest of the wife, exceeded the value of the residence, and thus the judicial lien impaired the debtors'homestead exemptions.
Ruling: 
Motion to avoid judicial lien was denied exclusion of dower interest did not impair debtors'exemptions.
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Unencumbered Assets Trust v. Biomar Techs. Inc. (In re Natl Century Fin. Enters.)

Plaintiff successor to a bankruptcy debtor-in-possession brought an adversary proceeding against defendant software company, alleging that payments by the debtor to the company for software licenses and services provided to third-party healthcare providers were fraudulent transfers under 11 U.S.C. § 548. The successor also objected to the company's proof of claim for services to the providers.
Ruling: 
Payments to software company were deemed fraudulent transfers since debtor was insolvent when payments were made and software company did not show its software affected debtor's revenue.
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