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southern district of ohio

In re Tudor

Dec
09
2005
Ruling
Mortgagee was denied an attorneys' fees claim since the Code designated that state law governed the claim and Ohio state law precluded enforcement of the mortgage's attorneys'fee provision.
Procedural posture

A bankruptcy debtor's confirmed chapter 13 plan provided for cure of the debtor's mortgage default, and the mortgagee filed a proof of claim for mortgage arrearage. The debtor objected to the mortgagee's claim to the extent that the claim included amounts for attorney fees and costs related to state court foreclosure proceedings.

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opinion summary, case decided on December 09, 2005 , LexisNexis #0206-082
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In re Burkett

Sep
15
2005
Ruling
Court overruled trustee's objection to creditors'lack of supporting documentation in their proofs of claim since they established the validity, ownership, and amount of the claim and there were no factual disputes on the claims.
Procedural posture

In an adversary proceeding, plaintiff, a chapter 7 trustee, filed an objection to proofs of claim of defendant creditors, requesting disallowance under 11 U.S.C. § 502 primarily because of their failure to attach sufficient supporting documentation to the proofs of claim.

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opinion summary, case decided on September 15, 2005 , LexisNexis #0106-077
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U.S. Aeroteam Inc. v. Delphi Automotive Systems LLC (In re United States Aeroteam)

Aug
01
2005
Ruling
Creditor found to have setoff rights for debt owed more than 90 days before filing, but trial was required to determine creditor's setoff rights for debt owed during 90 days prior to filing.
Procedural posture

Plaintiff debtor filed for bankruptcy. Defendant creditor filed a motion for relief from the automatic stay in order to exercise a right to setoff under 11 U.S.C. § 553. Plaintiff assignee joined in the action to determine whether its security interest in the debtor's accounts receivable affected the right to setoff. Both the debtor and the creditor filed motions for summary judgment.

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opinion summary, case decided on August 01, 2005 , LexisNexis #0106-096
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