Case law

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.

Loy v. Federal Home Loan Mortgage Corp. (In re Loy)

557 B.R. 569 · United States Bankruptcy Court, N.D. Ohio · Aug 22, 2016

Res judicata elements one and two are clearly satisfied in the case at bar. … For these reasons, Defendant has established the third element of res judicata.

Lewis v. Johnson & Wales University

United States Bankruptcy Court, N.D. Ohio · Oct 19, 2021

Since she clearly expresses an intent to return to work, the conditions do not appear as impediments to employment. … To discharge the loans, Debtor must prove all three Brunner elements and establish that repayment of the loans is an undue hardship on her or her dependents.

United States Ex Rel. Peoples Banking Co. v. Derryberry (In Re Hartley)

50 B.R. 852 · United States Bankruptcy Court, N.D. Ohio · Jun 20, 1985

Huffman was granted immunity for his testimony. Beginning in 1982 and over the period of several months the Trustee and his wife accepted checks from Mr. … Of course as previously stated actual fraud or harm must be shown to establish cause for removal.

Kristina Marie DeVries

United States Bankruptcy Court, N.D. Ohio · Mar 23, 2023

(iii)The plan or contract is not qualified under the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as amended. … Nevertheless, the court finds that the language of subpart (A)(10)(b) limits payments that will qualify for the exemption in two ways.

In Re Derryberry

72 B.R. 874 · United States Bankruptcy Court, N.D. Ohio · Apr 24, 1987

Additionally, although the court did not set forth DR 1-102(A)(5) as an additional ground for Derryberry’s disbarment in its March 5, 1987 order to show cause, the facts adduced at the hearing clearly establish Derryberry … As previously stated, the chapter 13 successor trustee qualified on October 16, 1986.

Lincicome v. Anthony Roofing, LLC

United States Bankruptcy Court, N.D. Ohio · Jul 16, 2019

Plaintiff failed to establish the falsity of Defendant’s statement concerning a 20 year watertight guarantee. … His testimony did not conclusively establish the wear was the result of used product, nor did he establish the wear was to product that the parties’ contract required to be new.

Feyes v. Spring Arbor College (In re Feyes)

228 B.R. 887 · United States Bankruptcy Court, N.D. Ohio · Sep 23, 1998

There was clearly an express, albeit oral, agreement as to this particular transaction. Finally, the amount of the fees was certain and expressly agreed upon. … The court looked to the particular aspects of the particular loan, and found that it did not qualify as a “loan” per § 523(a)(8). Id. at 82.

Elaine M. Mills

United States Bankruptcy Court, N.D. Ohio · May 31, 2019

In order to assess whether and when a manufactured home qualifies as real property, the court must look instead to state law. … It is not procedurally improper to address the plan’s treatment of secured claims through the confirmation hearing format, as that is clearly how the Rules, Code and Plan intended such questions to be treated.

In Re Terex Corp.

70 B.R. 996 · United States Bankruptcy Court, N.D. Ohio · Mar 18, 1987

Expert testimony is admissible— If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to *1001 determine a fact in issue[;] a witness qualified as an expert by … Barker, 553 F.2d 1013, 1024 (6th Cir.1977) (clearly erroneous standard).

In Re Ruehle

296 B.R. 146 · United States Bankruptcy Court, N.D. Ohio · Jul 17, 2003

Federal Rule of Civil Procedure 60(b)(4) While ECMC does not qualify for relief under Fed.R.Civ.P. 60(b)(6), it is entitled to relief pursuant to Fed.R.Civ.P. 60(b)(4). … A debtor must bring an adversary proceeding to establish hardship. 11 U.S.C. § 523 (a)(8) (West 2003); Fed.R.Bankr.P. 7001(6).

In Re Artesian Industries, Inc.

183 B.R. 496 · United States Bankruptcy Court, N.D. Ohio · Feb 3, 1995

Both requirements must be met for a claim to qualify as an administrative expense. B. … In view of the importance of the Claimants to the sale of Artesian as a going concern, the Receiver and Star Bank clearly had a strong interest in the retention of the Claimants.

Graham v. Huntington National Bank (In re Medcorp, Inc.)

521 B.R. 259 · United States Bankruptcy Court, N.D. Ohio · Oct 31, 2014

“The language of section 547(b)(4)(B) clearly states that an insider relationship is to be determined on the exact date of the challenged transfer.” … The Receiver and Huntington were clearly attempting to get along in a situation where their goals were generally aligned.

In Re Bargdill

238 B.R. 711 · United States Bankruptcy Court, N.D. Ohio · Apr 15, 1999

However, the informal proof of claim doctrine is a well established judicial principle dating back to the time of the Bankruptcy Act. … In conclusion, based upon the lack of notice provided by the Bank’s Stipulated Agreement for Relief from Stay, the Court finds that the Agreement does not qualify as an informal proof of claim to which the Bank could seek

Frost & Co. v. Smithey (In re Smithey)

474 B.R. 830 · United States Bankruptcy Court, N.D. Ohio · Jul 6, 2012

On the other hand, reliance is not justifiable if the creditor blindly turns their eyes away from things which would have clearly *839 shown that any reliance on the debtor’s representations was misplaced. Id. … First, pursuant to 11 U.S.C. § 523 (a)(2)(A), the Defendant’s use of $200,000.00 in assets from Frost Roofing to accomplish a purchase of Frost Roofing qualifies as a nondischargeable debt.

In Re Westfall

376 B.R. 210 · United States Bankruptcy Court, N.D. Ohio · Sep 24, 2007

. § 1325 (a), the “hanging paragraph,” protected their claims from bifurcation because the loans are qualifying purchase money security interests. Toby L. … Thus, the established standard for adopting state law, either as a rule of decision or otherwise, is a muddle on the current facts.

In Re Player Wire Wheels, Ltd.

421 B.R. 851 · United States Bankruptcy Court, N.D. Ohio · Dec 30, 2009

Bryan conceded at the Confirmation Hearing that no trial date has been established for the will contest proceeding. … Steer being qualified as a valuation expert. Mr.

Bankers Healthcare Group, Inc. v. Bilfield (In re Bilfield)

494 B.R. 292 · United States Bankruptcy Court, N.D. Ohio · Jun 12, 2013

That does not, however, establish anything about Jeffrey’s particular condition. … And that reckless disregard establishes that an award of punitive damages is appropriate.

Stewart v. Warren

United States Bankruptcy Court, N.D. Ohio · Mar 4, 2025

Moreover, the statutory definition includes debts: “established or subject to establishment before, on, or after the date of the order for relief in a case under this title, . . . .” §101(14A)(C). … The definitional provision includes debts that are “established or subject to establishment . . . by reason of applicable provisions of – . . . (ii) an order of a court of record; . . . .” §101(14A)(C).

McKenny v. McGraw (In Re Bell & Beckwith)

104 B.R. 842 · United States Bankruptcy Court, N.D. Ohio · Aug 10, 1989

The McKen-nys attach significance to the fact that, in enacting the 1978 Amendments, Congress omitted the qualifying phrase “as of the filing date”. … This section establishes the priority in which customer property shall be allocated. ...