Zovkic, In re--NCUA Bd. v. Zovkic
Mar
22
2017
Ruling
Court granted parties' joint motion to vacate its earlier judgment in favor of the debtor because the vacatur will allow the parties to resolve the contentious district court litigation before trial. (Bankr. N.D. Ohio)
Issue(s)
Relief From Judgment or Order.
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Court
:
- 11 U.S.C.
Scott, In re--DeWine v. Scott
Feb
24
2017
Ruling
Debtor was denied discharge of his debts after failing to justify why he was unable to providerecords related to his work and dealings in his management company. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.
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Court
:
- 11 U.S.C.
Lamento v. United States Dept of Educ. (In Lamento)
Oct
29
2014
Ruling
Student loan was dischargeable due to debtor's inability to maintain minimal standard of living that was likely to persist.
Issue(s)
Was debtor who was unable to maintain a minimal standard of living entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
Wojcik v. Gold (In re Daher)
Apr
18
2014
Ruling
Debtor's prepetition mortgage insurance proceeds were property of the estate.
Issue(s)
Were insurance proceeds obtained by the debtor from the state division of unclaimed funds property of the estate that could be recovered by the trustee?
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Court
:
- 11 U.S.C.
In re Diamantis
Mar
24
2014
Ruling
Debtor could not claim exemption in voluntary repayment of disability payments to employer.
Issue(s)
Could debtor claim an exemption in funds transferred to employer within preference period to repay disability benefits?
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Court
:
- FRBP
In re Medlar
Feb
07
2014
Ruling
Stay pending appeal of order granting relief from stay to allow state court to resolve parties' dispute denied.
Issue(s)
Was debtor entitled to stay pending appeal of order granting condominium association's motion for relief from stay to allow the parties to return to state court to resolve dispute over condominium unit?
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Court
:
- FRBP
In re Medlar
Feb
05
2014
Ruling
Debtor not entitled to emergency injunction against condominium association that had already been granted relief from stay.
Issue(s)
Whether debtor was entitled to an injunction under Fed. R. Civ. P. 65(a) to enjoin a condominium owners association from taking further action with respect to securing his unit.
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Court
:
- 11 U.S.C.
In re Lavine
Sep
18
2012
Ruling
Exemption in property held in survivorship with non-debtor spouse calculated based on debtor's 50 percent interest and 50 percent of mortgage debt.
Procedural posture
A chapter 7 debtor filed an amended motion to avoid the judgment lien of a bank pursuant to 11 U.S.C.S. § 522(f)(1)(A) to the extent that the lien impaired his exemptions on his homestead, which he claimed pursuant to Ohio Rev. Code Ann. § 2329.66(A)(1) and (A)(18).
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Court
:
- 11 U.S.C.
In re AmFin Fin. Corp.
Aug
30
2010
Ruling
Sale of debtor's assets free and clear approved along with sale procedures, waiver of 14-day stay and assumption or rejection of executory contracts.
Procedural posture
The chapter 11 debtors filed a motion for an order (1) approving sale procedures; (2) authorizing a debtor to sell certain assets to a bank free and clear of liens, claims, interests, and encumbrances; (3) approving the assumption and assignment or rejection of executory contracts; (4) waiving the Fed. R. Bankr. P. 6004(g) 14-day stay; and (5) waiving the Bankr. N.D. Ohio R. 9013-2 memorandum requirement. Some creditors filed objections.
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Court
:
- 11 U.S.C.
In re Corrigan
Mar
01
2010
Ruling
Bankruptcy petition preparer who misrepresented self as attorney sanctioned and ordered to disgorge fees.
Procedural posture
The United States Trustee (UST) moved to review fees charged by a petition preparer, to require him to refund fees, and to impose sanctions. The UST alleged that the preparer violated 11 U.S.C.S. § 110(i)(1)(A) and (B) by failing to disclose that he prepared a chapter 13 debtor's documents and failing to file a disclosure of compensation. Additionally, he alleged that the preparer caused the debtor to violate Fed. R. Bankr. P. 1006(b)(3).
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Court
: