Ohio

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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Board of Trustees of the Ohio CarpentersPension Fund v. Bucci

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.
Ruling: 
ERISA employer contribution debt was dischargeable in absence of trustee status that could give rise to defalcation.
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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 Ermi

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.
Ruling: 
Creditor was not entitled to comfort order where debtors failed to timely assume vehicle lease but had not previously filed for bankruptcy.
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In re Caravona

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, and discharge injunction, 11 U.S.C. § 524, by taking steps to collect a bad check debt from him through criminal prosecution.
Ruling: 
Criminal prosecution of bad check charges did not violate stay.
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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 Taranto

A creditor objected to confirmation of the bankruptcy debtors'proposed second amended chapter 13 plan.
Ruling: 
Court overruled creditor's objectionto confirmation since requiring both accelerated payment as well as interest from debtor would have been unjustified windfall.
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In re Berghoff

In debtor's bankruptcy proceeding, creditor mortgagee filed a proof of claim that impermissibly included attorney fees as a component of the claim amount. The court issued an order on the mortgagee to show cause why it did not violate Fed. R. Bankr. P. 9011.
Ruling: 
Court ordered mortgagee to pay debtor's fees since mortgagee violated Rule 9011 by unintentionally filing proof of claim that included attorneys'fees.
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