Case law

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

B&G Futures Inc. and Dan-Bunkering (America) Inc.

United States Bankruptcy Court, N.D. Ohio · Mar 23, 2021

Dan-Bunkering argues that although the amount of the debt between B&G may be disputed, a debt clearly exists and therefore PFL qualifies as a petitioning creditor. … The findings in the state court ruling clearly shows that B&G’s liability for any debt to PFL is disputed. PFL did not establish that B&G is liable on a debt outside these disputed claims.

Lohmeyer v. Alvin's Jewelers (In Re Lohmeyer)

365 B.R. 746 · United States Bankruptcy Court, N.D. Ohio · Mar 13, 2007

Standing is a “qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court,” id., because Article III of the United States Constitution limits the jurisdiction of federal courts to actual cases and … “It is clearly established that ‘[ajllegations of possible future injury do not satisfy the requirements of Art. III. A threatened injury must be certainly impending to constitute injury in fact.’ ” Rosen v.

In Re Baum

386 B.R. 649 · United States Bankruptcy Court, N.D. Ohio · Feb 29, 2008

Debtor was clearly living beyond her means. … This latter exception is clearly inapplicable here; Ms. Baum was not gambling at charity functions. The Court cannot establish that any of the gambling sites at which Ms.

In Re Davis

378 B.R. 539 · United States Bankruptcy Court, N.D. Ohio · Nov 2, 2007

pre-BAPCPA presumption in favor of granting the relief requested by the debtor as a “caution and reminder” for the court to “give the benefit of any doubt to the debt- or and dismiss a case only when a substantial abuse is clearly … Therefore, the mortgage debt does not qualify as a business debt because the Debtor had no profit motive and was not regularly employed in fixing up homes and selling them for a profit.

North American Science Associates, Inc. v. Clark (In Re Clark)

222 B.R. 114 · United States Bankruptcy Court, N.D. Ohio · Dec 5, 1997

Regarding the civil consent judgment, Ohio law clearly allows for the consent judgments to be given issue preclusive effect. City of Columbus v. Alden E. … Finally, the Court found that neither of the two qualifying phrases in § 523(a)(7), that the fines be “to and for the benefit of a governmental unit,” and “not in compensation for actual pecuniary loss,” allows the discharge

Toledo Trust Co. v. Peoples Banking Co. (In Re Hartley)

52 B.R. 679 · United States Bankruptcy Court, N.D. Ohio · Sep 10, 1985

The law is clearly to the contrary.” 402 P.2d at 377 . Finally, Oakes was another case which also refused to enforce an agreement between banks. … The Montanino case found that the parents of the woman the Debtor was living with qualified as “insiders.”

KeyBank National Assoc. v. Mann (In Re Mann)

220 B.R. 351 · United States Bankruptcy Court, N.D. Ohio · Feb 23, 1998

Bison’s pledge of the “missing leases” to funding sources other than the Bank clearly violated the terms of the Credit Agreement and related Security Agreement. (Emphasis added). Mr. … Once KeyBank elected to answer, its options were to admit the request, deny the request, give a qualified response, or state that it cannot admit or deny the request for lack of knowledge or information.

Hunter v. St. Vincent Medical Center (In Re Parkview Hospital)

211 B.R. 619 · United States Bankruptcy Court, N.D. Ohio · Jan 31, 1997

Competition for qualified young doctors is great throughout the country. The Research Activity Fund helps Parkview to be competitive in recruiting its professional talent. … area is also clearly a charitable purpose. 4 .

Strzesynski v. Devaul (Devaul)

318 B.R. 824 · United States Bankruptcy Court, N.D. Ohio · Nov 24, 2004

She did not, nor was she qualified to, render any opinion in her testimony as to whether Defendant’s financial condition and business transactions could be determined from them. … In some cases, this may require opinion testimony by lay witnesses, Fed.R.Evid. 701, or qualified expert witnesses, Fed.R.Evid. 702.

Cacolici v. Transohio Savings (In Re Cacolici)

108 B.R. 578 · United States Bankruptcy Court, N.D. Ohio · Oct 13, 1989

These obligations were clearly imposed upon him for Mrs. Caeolici’s benefit and she would have a claim against him in the event of their breach. … The burden of proof on each of these questions is on the party seeking to establish that the debt is non-dischargea-ble.

Cohen v. KDC Financial Services, Inc. (In re Miller Mining, Inc.)

219 B.R. 219 · United States Bankruptcy Court, N.D. Ohio · Mar 25, 1998

The party seeking summary judgment bears the initial burden of asserting that the pleadings, depositions, answers to interrogatories, admissions and affidavits establish the absence of a genuine issue of material fact. … Clearly from this statutory language, court authorization is required before adequate protection payments can be made by a Debtor.

Knowles v. McGuckin (In Re McGuckin)

418 B.R. 251 · United States Bankruptcy Court, N.D. Ohio · Jun 5, 2009

As with other exceptions to dischargeability, it is the movant’s burden to establish, by at least a preponderance of the evidence, the applicability of § 523(a)(6). Grange Mut. Cas. Co. v. … While clearly constituting a case of medical malpractice, the Court in Kawaauhau v.

Evans Temple Church of God in Christ & Community Center, Inc. v. Carnegie Body Co. (In Re Evans Temple Church of God in Christ & Community Center, Inc.)

55 B.R. 976 · United States Bankruptcy Court, N.D. Ohio · Jan 2, 1986

If any one of the elements of a preference as enumerated in Section 547 is wanting, a preference within the meaning of Section 547 has not been established. Id. … Clearly, this is not the type of transaction contemplated by Congress in drafting the ordinary course exception. Senate Report No. 95-989, 95th Cong., 2nd Sess. 88 (1978).

McGraw v. Betz (In re Bell & Beckwith)

172 B.R. 19 · United States Bankruptcy Court, N.D. Ohio · Sep 7, 1994

B & B established the Profit Sharing Retirement Plan and Trust (the “Plan”) in 1974. … The limitations hereinabove stated apply to the aggregate contributions made by the Employer to all qualified plans of the Employer in each Year. % * * * * * 3.4 All contributions made by or on behalf of each Participant

In re McVicker

546 B.R. 46 · United States Bankruptcy Court, N.D. Ohio · Feb 17, 2016

While Zick holds that the facts establishing a lack of good faith “are as varied as the number of cases” 6 , the decision also sets a high bar for dismissal. … In 2005 25 , Congress clarified and expanded the exemption status of certain tax-qualified retirement plans.

Martin v. Stoddard (In Re Stoddard)

248 B.R. 111 · United States Bankruptcy Court, N.D. Ohio · Feb 11, 2000

However, Ohio case law has clearly held that judgments entered by default are to be treated as if they had been fully adjudicated on the merits. Petrie v. W. Reserve Pole Bldg. … in question or where the validity of a statute of any State is drawn in question on the grounds of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity

In Re Crawford

232 B.R. 92 · United States Bankruptcy Court, N.D. Ohio · Apr 12, 1999

The second clause — “that is conducted in accordance with applicable nonbankruptcy law” — qualifies “foreclosure sale.” The sale must, therefore, be carried out as provided for by nonbankruptcy law. … There is one point that comes through clearly in the legislative history, and that is that Congress intended for the cut-off to be later than the foreclosure judgment standard adopted in Roach .

Victoria Alloys, Inc. v. Fortis Bank SA/NV (In Re Victoria Alloys, Inc.)

261 B.R. 424 · United States Bankruptcy Court, N.D. Ohio · Apr 10, 2001

The scope of § 541 is very broad and establishes a bankruptcy estate upon the filing of a bankruptcy petition. … As determined above, the Debtor never acquired the qualifying type of interest contemplated for prosecution under § 548. As such, the remaining elements under § 548 do not warrant further addressment by the Court.

In re ProCare Automotive Service Solutions, LLC

359 B.R. 653 · United States Bankruptcy Court, N.D. Ohio · Jan 24, 2007

To qualify for full faith and credit, the judgment must be a valid, final judgment *657 on the merits by a court of competent jurisdiction. Alabama v. Engler, 85 F.3d 1205, 1209 (6th Cir.1996). … With liability and the amount of the debt established by state law, the second issue-the amount of the claim that should be allowed in the bankruptcy case-is decided under federal bankruptcy law.