Case law

In Re LTV Steel Co., Inc.

285 B.R. 259 · United States Bankruptcy Court, N.D. Ohio · Oct 24, 2002

The Court also pointed out that the Sale Order would establish finality for appeal purposes. See id. at 73 . There was no appeal or motion for relief from the Sale Order. … These facilities can clearly be separated given their historical separation, two mills owned by different predecessors of LTV, and their physical separation by the Cuyahoga River. 17 .

Official Committee of Unsecured Creditors of Grand Eagle Companies v. Asea Brown Boveri, Inc. (In Re Grand Eagle Companies)

310 B.R. 79 · United States Bankruptcy Court, N.D. Ohio · Feb 6, 2004

Had I done so in the first instance, Judge Polster would have been presented with more clearly defined issues. … For all of the reasons above, this is clearly not the case.

Robert Lawrence Moody, Jr.

United States Bankruptcy Court, N.D. Ohio · Sep 30, 2021

It is a debtor’s burden to establish that each of these conditions exist. In re Jerew, 415 B.R. at 306; In re Irwin, 338 B.R. 839, 851 (E.D. Cal. 2006). … Counsel was clearly not representing Debtor at that time.

Merl E. Williamson and Barbara Jayne Williamson

United States Bankruptcy Court, N.D. Ohio · Feb 21, 2023

See, Baud, 634 F.3d at 345–46 (holding that bankruptcy courts may not ignore the statutory directive clearly excluding Social Security income). … Similarly, leading treatises do not support requiring that benefits received under the Social Security Act be included in a Chapter 13 plan: 2 Collier on Bankruptcy, ⁋101.10A (16th ed. 2022)(“immunizing such income from

McDermott v. Perez

United States Bankruptcy Court, N.D. Ohio · Dec 30, 2019

“Implied consent is not established merely because one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object to its introduction. … Nevertheless, the listing of the membership interest at zero, without any qualifying information, supports the bankruptcy court’s conclusion that Perez was following a pattern of not being candid about his assets and income

Kurt A Rillema and Beau Harvey

United States Bankruptcy Court, N.D. Ohio · Mar 25, 2024

The Motion does not clearly articulate what subpart of Rule 12 it is brought under. It does not state any standard that this court should apply in deciding it. … Cotterman, 2023 WL 7132017, * 4 (records of plaintiff’s criminal case qualified as public records that a court may consider without converting a motion to dismiss into a motion for summary judgment).

California Palms Addiction Recovery Campus, Inc.

United States Bankruptcy Court, N.D. Ohio · Jun 10, 2022

Aug. 1, 2006)), the Sixth Circuit has held a party has “clearly established surprise” when a party “was unaware that a lawsuit had been filed until after the default judgment had been entered.” Thompson v. Am. … Rucci’s argument that it was left without counsel at the April 5th hearing fails to reconcile that the law clearly established Mr.

Energy Harbor LLC and Pleasants Corp.

United States Bankruptcy Court, N.D. Ohio · Aug 29, 2019

The proposed order was modified to preserve clearly the rights of all parties to object to releases by non-signatories to the FE Settlement Agreement. … Cir. 2008) (approving nondebtor release when release was necessary for the reorganization and appropriately tailored … affected only claims arising out of or in connection with the reorganization itself, not blanket immunity

Dymarkowski (Trustee) v. Teresa Nadeau as Trustee of the 858 Trust

United States Bankruptcy Court, N.D. Ohio · Sep 28, 2023

(3) That the Plaintiff is the duly qualified and acting Trustee of the Debtor’s bankruptcy estate and has standing to bring the claims brought in this Adversary Proceeding. … Debtor was generally evasive on facts that might hurt her case but could clearly recall facts that would help her case. There were also inconsistencies in Debtor’s testimony.

Robson, Miller & Osserman v. D.H. Overmyer Telecasting Co. (In Re D.H. Overmyer Telecasting Co.)

77 B.R. 128 · United States Bankruptcy Court, N.D. Ohio · Aug 26, 1987

(Mitchell, 1 Tr. 93-94) The Lady Gabriel estate was one of only three or four properties in the Town of Newcastle that were large enough to qualify for development under the MFPD ordinance. … Therefore, Telecasting has not clearly and convincingly met the requisite burden of proof and the allegation fails. Telecasting has also asserted that Mr.

Matter of Mansfield Tire & Rubber Co.

65 B.R. 446 · United States Bankruptcy Court, N.D. Ohio · Aug 18, 1986

Buteneas, Establishing Attorney’s Fees Under the Bankruptcy Code, 37 Business Lawyer 77 (1981). … In pursuit of its task, the court is to bear in mind that the burden of proof to establish the entitlement to and reasonableness of a fee is upon the professional seeking compensation.

Horvath v. Waite

United States Bankruptcy Court, N.D. Ohio · Sep 27, 2019

Ohio 2003) (“[R]eliance is not justifiable if the creditor blindly turns their eyes away from thing which would have clearly shown that any reliance on the debtor’s representations was misplaced.”). … debt, which is what the evidence shows occurred here, does not come within § 523(a)(6), Rylant, 594 B.R. at 789 (and cases cited therein), because “if the failure to pay a just debt were the only criteria that would qualify

In re Gillette Associates, Ltd.

101 B.R. 866 · United States Bankruptcy Court, N.D. Ohio · Jun 7, 1989

After establishment of the BANK ONE account, additional POST LAND COMPANY funds amounting to approximately Two Hundred Fifty Thousand & 00/100 Dollars ($250,000.00) were deposited to the account. … To qualify as confirmable, a plan must satisfy all the requirements of 11 U.S.C. Sec. 1129 . That section provides two means by which a plan may be confirmed.

Hutsell v. Allied Interstate

United States Bankruptcy Court, N.D. Ohio · Mar 9, 2020

Finally, in 2005 Congress amended the statute to include “any other educational loan that is a qualified educational loan as defined in [the Internal Revenue Code].” … Clearly, under this broad definition, the support from Plaintiff’s parents would be included as CMI.

McDermott v. McDonald

United States Bankruptcy Court, N.D. Ohio · Apr 17, 2020

The Lally Loan Proceeds, as loan proceeds, qualify as a “cognizable ownership interest” as measured against this spectrum. … Nevertheless, while not clearly defined, there is some limitation to the temporal proximity element of Section 727(a)(5).

Dymarkowski v. McConegly

United States Bankruptcy Court, N.D. Ohio · Jan 12, 2021

Defendant asserts she was unsure she would qualify for another loan. [Adv. Doc. #28, Ex. E, p. 35, Q. #13; Adv. Doc. #32, p. 9, Declaration of Kathleen E. … However, the Sixth Circuit Court of Appeals expressed their “agreement with the majority of Circuits” in adopting the clearly erroneous standard of review because reasonably equivalent value of a transfer is a question

Ott v. Somogye

United States Bankruptcy Court, N.D. Ohio · Mar 30, 2020

Proof of falsity alone is not enough to establish the first prong of Rembert. … It clearly says that he ”paid” the architect and uses the terminology “prints” and “certified drawings.” On the other hand, he also refunded Mrs.

Rable v. Childers

United States Bankruptcy Court, N.D. Ohio · Mar 30, 2023

Corp., 643 F.2d 413 (6th Cir. 1981) to establish Defendant’s personal liability. … Statements about the amount of work completed and payment to subcontractors and materialmen qualify as representations of past or existing facts. See e.g., 4200 Laclede Corp. v.

Bonnie Sue Ostrander

United States Bankruptcy Court, N.D. Ohio · Apr 1, 2022

While direct evidence of fraudulent intent is difficult to attain, a creditor may establish fraudulent intent where the circumstances establish “badges of fraud.” Vancrest at 1064, citing Blood v. … In a way, Taggart represents the bankruptcy version of qualified immunity for creditors.

Mark W. Klinger

United States Bankruptcy Court, N.D. Ohio · Mar 12, 2021

See In re Krohn, 886 F.2d at 126 (inability of a debtor to qualify for Chapter 13 relief not dispositive of abuse of Chapter 7); In re Meehean, 619 B.R. 371, 379 (E.D. Mich. … Fla. 2020) (Chapter 13 Trustee met burden of establishing that debtor’s history of receiving bonuses from 2016 to 2020 were “known or virtually certain to occur” in the future and should have been included in proposed Chapter