Case law

Rabin v. B & M Realty Corp. (In re Plechaty)

201 B.R. 486 · United States Bankruptcy Court, N.D. Ohio · Oct 11, 1996

The Loan The form of the transfer to B & M does not of itself clearly establish its character. The only contemporary documentary evidence of the transfer is a check drawn on Mrs. … It was apparent from her testimony that she played no significant role in managing or directing the affairs of B & M and that she was not qualified to do so. Mrs.

Dymarkowski

United States Bankruptcy Court, N.D. Ohio · May 21, 2026

A motion to dismiss may also be granted on the basis of an affirmative defense if the facts conclusively establish the defense as a matter of law. … Ohio 1984)(“The Finding of Fact clearly establishes that the trustee has met his burden of proof that the debtor, Carole A. Chimento, is not entitled to a discharge under 11 U.S.C. section 727.

In Re Greer

242 B.R. 389 · United States Bankruptcy Court, N.D. Ohio · Oct 15, 1999

For example, intangible interests in property are clearly included within a debtor’s bankruptcy estate. Brown v. Dellinger (In re Brown), 734 F.2d 119 (2nd Cir.1984). … Schindler, 95 Ohio App.3d 277, 281 , 642 N.E.2d 404, 406 (9th Dist.1994) (the date of the filing of a bankruptcy petition is the guidepost in establishing a person’s rights in bankruptcy regardless of any later change in

Curtis v. Stepp (In re Stepp)

263 B.R. 549 · United States Bankruptcy Court, N.D. Ohio · Jun 19, 2001

Herein, the Debtor held himself out as being qualified and authorized to perform the work he contracted to do for Curtis. … Clearly, Curtis relied upon his expertise and ability to perform the job for which she contracted.

Varney v. Derryberry (In re Stroh)

38 B.R. 95 · United States Bankruptcy Court, N.D. Ohio · Feb 13, 1984

In sum, the Court finds that notwithstanding the lack of a formal written agreement, considering all the circumstances, the parties through their actions established a landlord-tenant relationship. … Further *100 more, pursuant to the provisions of § 1917.34 Ohio Revised Code, it is argued that since plaintiffs interest is unassailable by a judgment creditor of the debtor, it is similarly immune from any claim of the

Phelps v. Cordia (In Re Cordia)

280 B.R. 138 · United States Bankruptcy Court, N.D. Ohio · Dec 21, 2001

Plaintiff has failed to carry her burden and establish that the obligations are awards constituting alimony, maintenance or support. … The debtor introduced evidence, Exhibits 2 and 3, establishing an average monthly income of approximately $4,974.14 per month.

In Re Ochmanek

266 B.R. 114 · United States Bankruptcy Court, N.D. Ohio · Oct 4, 2000

In addition, with regards to the latter requirement, it is well established that the property described in the pleadings must be at the very essence of the controversy between the litigants. *122 Katz v. … Neighbor's lien qualifies as a judicial lien for purposes of §§ 522(0 and 101(36). It should also be noted that § 522(0 only permits a lien to be avoided “to the extent” that it impairs the debtor's exemption.

Matter of Dixon

79 B.R. 702 · United States Bankruptcy Court, N.D. Ohio · Nov 10, 1987

Therefore, the initial question is whether the Debtor qualifies for an exemption under subsection (b). That subsection delineates the exemptions to which the Debtors are entitled. … As In re James, 75 B.R. 124 (Bankr.S.D.Ohio 1987) revealed, impairment of a homestead exemption is established when the sum of the total mortgage indebtedness, plus the homestead exemption, equals or exceeds the value of

Longo v. McLaren (In Re McLaren)

136 B.R. 705 · United States Bankruptcy Court, N.D. Ohio · Jan 24, 1992

Plaintiff has not established that he is entitled to interest and his request for interest is denied. Plaintiff’s request for punitive damages is discussed subsequently. … Under all the circumstances, the Court holds that plaintiff has failed to establish grounds to revoke Debtor’s discharge.

Matter of Unimet Corp.

100 B.R. 881 · United States Bankruptcy Court, N.D. Ohio · May 26, 1989

Instead, Section 507(a)(4) clearly points to the requirement of an employer-employee relationship. Finally, Metropolitan asserts the court misconstrued the relationship between Section 507(a)(3) and 507(a)(4). … To avoid the horns of this dilemma, it is the practice to treat each successive decision as establishing the law of the case and depart from it only for convincing reasons.

In Re Zak

361 B.R. 481 · United States Bankruptcy Court, N.D. Ohio · Jan 12, 2007

” at least as applied to leased premises, inasmuch as the latter is simply an act on the part of the lessee alone; but to show surrender, a mutual agreement between lessor and lessee that the lease is terminated must be clearly … The Bankruptcy Court in Singletary was constrained to follow the precedent established by the Fifth Circuit Court of Appeals in In re Cortez, 457 F.3d 448 (5th Cir.2006), a pre-BAPCPA case.

In Re Citi-Toledo Partners II

254 B.R. 155 · United States Bankruptcy Court, N.D. Ohio · Apr 11, 2000

As such a determination clearly concerns the administration of the debtor’s bankruptcy estate, this matter is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(A). … Vaughan be given the opportunity to establish her entitlement to such fees under the requirements expounded in § 330(a). In this regard, Ms.

Corzin v. Haugen (In Re Flexible Artcraft Graphics Unlimited, Inc.)

74 B.R. 917 · United States Bankruptcy Court, N.D. Ohio · Jun 18, 1987

The trustee stands in the shoes of a single qualified creditor when he brings an action under § 544(b). 4 Collier On Bankruptcy, ¶ 544.03[2] at 544-21 (15th ed. 1987).. … Although the Thompson decision involved the appointment of an attorney as general counsel to the trustee, its reasoning is clearly applicable in this case.

Windland v. U.S. Department of Education (In Re Windland)

201 B.R. 178 · United States Bankruptcy Court, N.D. Ohio · Sep 27, 1996

At various times, the Debtor’s only source of income was child support as she had not continued to qualify for public assistance. … This loan is not the subject of this adversary proceeding as it was clearly dischargeable becoming due more than seven years prior to the filing of the Debtor’s Chapter 7 case. 5 .

Matter of Unimet Corp.

74 B.R. 156 · United States Bankruptcy Court, N.D. Ohio · Feb 25, 1987

This argument- is clearly without merit. First, the court finds it totally inequitable to allow the government to attempt to shift the burden of proof on the eve of the trial. … DiCola, to establish the value of the accounts receivable. The court finds that the bare allegations of Mr.

In Re Nicewonger

192 B.R. 886 · United States Bankruptcy Court, N.D. Ohio · Feb 28, 1996

NCB relies on § 349 of the Bankruptcy Code which provides generally that upon dismissal of a bankruptcy ease, the parties’ rights are re-established to those that existed prior to the bankruptcy filing. … Section 1322(b)(2) of the Bankruptcy Code clearly states that a chapter 13 plan may “modify the rights of holders of secured claims.” See 11 U.S.C. § 1322 (b)(2).

Helbling v. Williams (In Re Williams)

240 B.R. 884 · United States Bankruptcy Court, N.D. Ohio · Nov 3, 1999

In an earlier fraud case the same court held it improper, however, to require that evidence “leaves no room for doubt” to qualify as clear and convincing. McClintock v. … Code § 5301.234, it clearly has a substantive weight absent in the case of ordinary evidentiary presumptions which, under the federal rules and Ohio law, “burst” and are discarded, once evidence is presented.

In Re Phar-Mor, Inc.

301 B.R. 482 · United States Bankruptcy Court, N.D. Ohio · Nov 12, 2003

It is well established that a secured creditor qualifies as a good faith purchaser for purposes of § 2-702(C). Allegiance Healthcare Corp. v. Primary Health Sys., Inc. … Therefore, having notice of the Reclamation Demands, DIP Lenders cannot qualify as good faith purchasers under § 2-702(C).

Palmer, Jr. v. Galaxy Int Purchasing LLC

United States Bankruptcy Court, N.D. Ohio · Mar 31, 2021

The Creditor Has Failed To Establish That Its Claim Arises From a “Qualified Education Loan” So As To Be Nondischargeable Pursuant to 11 U.S.C. … “Qualified education loan” is defined by Section 221(d)(1) of the Internal Revenue Code, which provides, as follows: (1) Qualified education loan.

Grant v. USA, Dept. of Ed. (In Re Grant)

398 B.R. 205 · United States Bankruptcy Court, N.D. Ohio · Oct 8, 2008

funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or *209 (B) any other educational loan that is a qualified … Stemming from this principle, this Court has consistently espoused the maxim, now cited to favorably by the District Court, that, (1) a debtor’s distressed state of financial affairs must be the result of events which are clearly