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Southern District

In re Nicole Gas Prod.

Ruling: 
Debtor's sole shareholder not entitled to claim for past due salary absent evidence of reasonable value of services, subject to opportunity for hearing.
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Commercial case opionion summary, case decided on September 27,2013, LexisNexis #0114-116

CNA Fin. Corp. v. Flood (In re Flood)

Ruling: 
Loan debt was dischargeable despite debtor's use of proceeds intended to be used for purchase of company stock to build home titled in spouse's name.
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Consumer case opionion summary, case decided on September 20,2013, LexisNexis #1013-047

In re LPN Healthcare Facility Inc.

Ruling: 
Employment of accounting firm vacated due to lack of disinterestedness.
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Commercial case opionion summary, case decided on September 10,2013, LexisNexis #1013-072

In re Hall

Chapter 13 debtors filed a motion requesting sanctions and a determination that a tax resolution firm willfully violated the automatic stay pursuant to 11 U.S.C.S. § 362 by refusing to return funds to the debtors for postpetition services that the debtors ultimately deemed unsatisfactory.
Ruling: 
Tax resolution firm's refusal to return payment for postpetition services did not violate stay.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0813-077

Ohio Dept of Job & Family Servs. v. Yuppa (In re Yuppa)

Plaintiff state department filed a motion for summary judgment in an adversary proceeding as to its complaint that alleged defendant chapter 7 debtor improperly obtained unemployment benefits through false pretenses, false representations, or actual fraud and that, as a result, the debt owed was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor did not respond to the summary judgment motion.
Ruling: 
Debtor's receipt of unemployment benefits based on knowingly false representations resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on June 12,2013, LexisNexis #0713-013

In re EVPP LLC

Debtor filed a Motion to Reject Executory Contracts and an Application to Employ a realtor. After hearing presentations of the parties at a hearing, the court was left with a concern as to whether the case had not been filed in good faith and should be dismissed. The court requested that the parties brief that issue. A timely response was filed by debtor as was that of the purchasers. The purchaser's response was framed as a Motion to Dismiss.
Ruling: 
Case dismissed as effort to undo results of duly conducted state court sale.
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Commercial case opionion summary, case decided on June 04,2013, LexisNexis #0613-132

In re Harkins

Trustee filed objections to confirmation in three chapter 13 cases, taking the position that these self-employed debtors could not subtract their business expenses from gross receipts for the purpose of calculating current monthly income and that therefore the applicable commitment period was five years instead of three years.
Ruling: 
Self-employed debtors could not subtract business expenses from gross receipts in current monthly income calculation.
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Consumer case opionion summary, case decided on May 01,2013, LexisNexis #0513-095

In re Blankenship

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.
Ruling: 
Filing of foreclosure complaint against debtors who had not completed confirmed plan violated stay.
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Consumer case opionion summary, case decided on April 29,2013, LexisNexis #0513-073

In re Yarbrough

Chapter 13 debtor filed a motion for an order that would require a creditor, who was the debtor's mortgage company, to evaluate the debtor's mortgage loan for participation under the Home Affordable Modification Program. The creditor argued that the court was without authority or jurisdiction to issue any order.
Ruling: 
Creditor ordered to evaluate debtor's mortgage for participation under Home Affordable Modification Program.
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Consumer case opionion summary, case decided on April 11,2013, LexisNexis #0713-135

Bavelis v. Doukas (In re Bavelis)

Creditors, a former business associate of plaintiff, the chapter 11 debtor and related entities, asserted a claim against the bankruptcy estate, to which the debtor objected. Debtor filed an adversary complaint to disallow the claim.
Ruling: 
Claim disallowed due to creditor's fraudulent scheme.
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Consumer case opionion summary, case decided on March 28,2013, LexisNexis #0413-077

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