Dayton Title Agency Inc. v. PNC Bank
Feb
05
2015
Ruling
Creditor family company that had been ordered to turnover funds from fraudulent transfer lacked standing to seek subordination of bank's unsecured claim to all other unsecured claims.
Issue(s)
Was creditor with an allowed claim in a chapter 7 case entitled to an order to equitably subordinate the claim of another creditor to all other non-priority unsecured creditors?
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Court
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- 11 U.S.C.
In re Royal Manor Mgmt.
Feb
05
2015
Ruling
Bankruptcy court order for sanctions against creditor's attorney for filing frivolous, vexatious proofs of claim in bad faith was not an abuse of discretion.
Issue(s)
Whether the bankruptcy court erred in sanctioning creditors' attorney pursuant to 28 U.S.C. § 1927 and the court's inherent authority under 11 U.S.C. § 105(a)?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Thomas
Jun
03
2014
Ruling
Obligation to pay mortgage payments towards residence for children was a nondischargeable domestic support obligation.
Issue(s)
Whether the bankruptcy court erred in finding that creditor former spouse's claim is a domestic support obligation and overruling debtor's objection to creditor's proof of claim?
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Court
:
Judge or Jurisdiction information not available
In re Ballard
Oct
11
2013
Ruling
Adversary proceeding not required to seek damages for violation of stay.
Issue(s)
Whether a debtor must pursue damages under for a violation of the automatic stay through an adversary proceeding, or whether such damages may be pursued by motion as a contested matter.
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Court
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In re Weixel
Jun
28
2013
Ruling
Case dismissed for abuse due to debtor's maintenance of upscale lifestyle while not dealing honestly with creditors.
Procedural posture
Chapter 7 debtors challenged a decision of the U. S. Bankruptcy Court for the Northern District of Ohio, which dismissed their chapter 7 case as an abuse under 11 U.S.C.S. § 707(b)(1) and (3).
Issue(s)
Whether the U.S. Bankruptcy Court for the Northern District of Ohio erred when it found that joint debtors' financial situation demonstrated abuse under 11 U.S.C.S. § 707(b)(3) and required dismissal of their chapter 7 bankruptcy case under § 707(b)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Ohio Dept of Job & Family Servs. v. Yuppa (In re Yuppa)
Jun
12
2013
Ruling
Debtor's receipt of unemployment benefits based on knowingly false representations resulted in nondischargeable debt.
Procedural posture
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.
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Court
:
Bank of N.Y. v. Sheeley (In re Sheeley)
Mar
04
2013
Ruling
Section 546 limitations period did not bar trustee from seeking declaration that mortgage was not a valid lien against debtor's residence.
Procedural posture
Plaintiff bank filed a motion for summary judgment in its action against defendants, chapter 13 trustee and debtors, seeking a declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence parcel and requesting that the mortgage be reformed to correct the legal description. Defendants filed a joint motion for summary judgment.
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Court
:
Johnston v. City of Middletown (In re Johnston)
Dec
21
2012
Ruling
Bankruptcy court lacked jurisdiction to determine if debtor was a "responsible person" for trust fund taxes and debtor lacked standing to pursue related preference claim.
Procedural posture
Plaintiff chapter 7 debtor in a no asset case filed a complaint against defendants, the United States and a city, claiming that he was not a responsible person for trust fund taxes and that the seizure of his tax refund was a preference under 11 U.S.C.S. § 547. The court asked the parties to brief the issues of whether it had subject matter jurisdiction and whether it should abstain under 28 U.S.C.S. § 1334(c).
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Court
:
In re Visicon Shareholders Trust
Aug
29
2012
Ruling
Debtor hotel operator's case dismissed due to use of cash collateral to pay insiders and non- authorized professionals.
Procedural posture
Secured creditor moved to dismiss debtor hotel operator's chapter 11 case under 11 U.S.C.S. § 1112(b), to prohibit debtor's use of its cash collateral. Debtor opposed those motions and requesting the use of cash collateral.
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Court
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Bennett v. Springleaf Fin. Servs. (In re Bennett)
Jan
12
2012
Ruling
Creditor who failed to object was bound by valuation and stripping off of lien in plan.
Procedural posture
The chapter 13 debtor asserted that the claim of creditor, a second mortgagee on debtor's residence, was subject to the uncontested property valuation set forth in debtor's alterations to her form plan. The creditor countered that its notice, in the plan, of the valuation of the residence and the stripping off of its lien was insufficient to comport with due process under Mullane.
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Court
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