- 11 U.S.C.
In re Murray
Sep
11
2006
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Ohio Crime Victims Reparations Fund v. Harwell (In re Harwell)
Aug
25
2006
Ruling
Debt owed to victim of debtor's assault with knife was not excepted from discharge as guilty plea was not dispositive of willful and malicious injury and evidence was consistent with self-defense.
Procedural posture
Plaintiff, a state crime victims reparations fund brought an adversary proceeding against defendant bankruptcy debtor, alleging that a debt to the fund for amounts the fund paid to the victim of the debtor's assault was not dischargeable under 11 U.S.C. § 523(a)(6), based on the willful and malicious nature of the assault. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Myers
Aug
24
2006
Ruling
Competency was not necessary to qualify as debtor and court could appoint next friend in order to aid in administration of case pursuant to equitable powers.
Procedural posture
Chapter 13 debtor wife filed a motion to become the next friend of debtor husband pursuant to Fed. R. Bankr. P. 1004.1.
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Court
:
- 11 U.S.C.
Monnie v. Field (In re Bross)
Aug
16
2006
Ruling
Mortgage not executed in compliance with state law could be avoided.
Procedural posture
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.
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In re Laury
Aug
15
2006
Ruling
Waiver of filing fee granted where debtor was below 150% poverty standard.
Procedural posture
A debtor filed an application to waive the chapter 7 bankruptcy filing fee pursuant to 28 U.S.C. § 1930(f).
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Court
:
- 11 U.S.C.
Board of Trustees of the Ohio CarpentersPension Fund v. Bucci
Aug
14
2006
Ruling
ERISA employer contribution debt was dischargeable in absence of trustee status that could give rise to defalcation.
Procedural posture
Plaintiff, a multiemployer ERISA plan that was maintained pursuant to a collective bargaining agreement and governed by various trust agreements, sought review of a decision of the bankruptcy court, which found that defendant debtor's ERISA employer contribution debt was dischargeable under 11 U.S.C. § 523(a)(4). The debtor was the alter ego of his business, which had entered into chapter 7 bankruptcy.
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:
- 11 U.S.C.
In re Rose
Aug
11
2006
Ruling
Lien creditor's loss on stripped car allowed as administrative expense claim.
Procedural posture
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.
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In re Ermi
Aug
03
2006
Ruling
Creditor was not entitled to comfort order where debtors failed to timely assume vehicle lease but had not previously filed for bankruptcy.
Procedural posture
Bankruptcy debtors identified their interest in a vehicle lease on their schedules and subsequently amended their schedules to indicate their intention to assume the unexpired lease. A creditor with a security interest in the vehicle moved for a comfort order pursuant to 11 U.S.C. § 362(j) confirming that the automatic stay terminated with regard to the vehicle based on the lack of a timely indication of intent and/or assumption of the lease.
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Court
:
- 11 U.S.C.
In re Caravona
Jul
28
2006
Ruling
Criminal prosecution of bad check charges did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion pursuant to 11 U.S.C. § 350(b) to reopen his case to ask that creditor and a county district attorney be held in contempt for violating the automatic stay, 11 U.S.C. § 362, discharge injunction, 11 U.S.C. § 524, by taking steps to collect a bad check debt from him through criminal prosecution.
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In re Payne
Jul
10
2006
Ruling
Creditor's objection to confirmation was overruled since section 1325(a) hanging paragraph applied.
Procedural posture
Creditor objected to the confirmation of chapter 13 debtors'plan.
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Court
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