Case law

Mayher v. Ma (In Re Ma)

375 B.R. 387 · United States Bankruptcy Court, N.D. Ohio · Sep 28, 2007

The person who took her call said that she was in a high risk loan when she actually qualified for a conventional loan at a lower rate. … See Ohio Rev.Code § 1322.11(B); see also Ohio Rev.Code § 1322.99 (establishing criminal penalties). Mayher relies for her argument on §§ 1322.07 and 1322.062.

In Re Flynn

238 B.R. 742 · United States Bankruptcy Court, N.D. Ohio · Aug 18, 1999

Thus, the sole question to the Court becomes whether Pamela Smith’s cause of action against the Debtor, in conjuncture with her prejudgment garnishment order, would qualify for purposes of § 522(c)(2) as “a debt secured by … Finally, the legislative history of § 101(37) states that the definition of a “lien” includes “judicial liens,” 5 and case law addressing the issue has clearly held that “judicial liens” encompass prejudgment attachment and

Bank One of Akron, N.A. v. Farmers Production Credit of Ashland (In Re Miller)

44 B.R. 716 · United States Bankruptcy Court, N.D. Ohio · Oct 25, 1984

The record clearly establishes that the debtors signed their credit application with the Bank on March 16, 1977. They executed a security agreement and promissory note for the financing of the tractor on March 18, 1977. … In particular, the Ohio Revised Code at section 1309.-31(E)(1) provides: (E) In all cases not governed by other rules stated in this section, including cases of purchase money security inter- ' ests which do not qualify for

Hunter v. Dupuis (In Re Dupuis)

265 B.R. 878 · United States Bankruptcy Court, N.D. Ohio · Mar 19, 2001

As stated *883 by the Supreme Court of the United States: these definitions “reflec[t] Congress’ broad ... view of the class of obligations that qualify as a ‘claim’ giving rise to a ‘debt’[.]” … clearly occurred outside the ninety (90) day period preceding the filing of the Debtor’s bankruptcy petition.

Hunter v. Metropolitan Life Insurance Co. (In re Phillips)

41 B.R. 143 · United States Bankruptcy Court, N.D. Ohio · Jun 6, 1984

Hunter was then appointed and has continued to be the duly qualified and acting trustee of this estate. Bobbie Jo Phillips is the cousin of Defendant, Shirley Ann Coulter. … But the presumption is a rebuttable one, and it may be both established and rebutted by parol evidence. (footnotes omitted) 53 Ohio Jur.2d Trusts § 103 at 602.

In Re Bunting Bearings

302 B.R. 210 · United States Bankruptcy Court, N.D. Ohio · Jun 6, 2003

Specifically, the collective bargaining agreement states: Establishment of the Plan. The Company shall establish a con-contributory pension plan which shall be known as the “BUNTING BEARINGS CORP. … This argument, however, overlooks one very important point: For purposes of § 1113, bankruptcy law, not ERISA or the LMRA, controls the issue of whether a pension plan qualifies as a collective bargaining agreement under

In Re Srikantia

417 B.R. 505 · United States Bankruptcy Court, N.D. Ohio · Oct 29, 2009

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 … It is well established, however, that a discharge in bankruptcy is conditioned on a debtor’s willingness to make some sacrifices. In re Felske, 385 B.R. at 656.

French v. United States (In Re French)

242 B.R. 369 · United States Bankruptcy Court, N.D. Ohio · Sep 9, 1999

French, as a matter of law, does or does not qualify for equitable relief under § 6015(f). This holding is based upon two considerations: First, the Court cannot conclude that Mrs. … For example, the Parties clearly dispute the extent to which Mrs. French was involved in her husband’s business, with Mrs.

In Re Cadillac Ex Rel. DeLorean & DeLorean Cadillac, Inc.

265 B.R. 574 · United States Bankruptcy Court, N.D. Ohio · Aug 9, 2001

Because the statements in the petitions were not true, and because Judge Carroll was protected by judicial immunity, this Court granted summary judgment to DeLorean and Judge Carroll and dismissed the petitions. … Hayden, 30 B.R. 409 (E.D.Tenn.1983) (punitive damages awarded against petitioners where they knew that they did not qualify as petitioning creditors).

Harris v. Chrysler Credit Corp. (In Re Charlie Bisang Chrysler-Plymouth, Inc.)

24 B.R. 350 · United States Bankruptcy Court, N.D. Ohio · Oct 29, 1982

The case does not deal with the specific problem at issue, i.e. lien perfection, and is clearly not in point. … At page 1232, the Court stated the issue as follows: [c]an the debtor of a secured party qualify as agent for the secured party in the capacity of the possessor of the property in which the secured interest in claimed.

In Re Booth

266 B.R. 105 · United States Bankruptcy Court, N.D. Ohio · Jun 30, 2000

However, for a debtor’s property to be excluded from the bankruptcy estate under § 541(c)(2) a debtor, in addition to establishing the existence of an anti-alienation clause, must establish two additional elements: (1) the … To the contrary, if it can be clearly shown that the receipt of a profit-sharing award is in a greater proportion based upon the rendition of postpe-tition services, then any proceeds received for such postpetition services

Flores v. U.S. Dept. of Education (In Re Flores)

282 B.R. 847 · United States Bankruptcy Court, N.D. Ohio · Jul 2, 2002

the Debtor may feel a moral obligation to support her son, it will be assumed (and no evidence was introduced to the contrary) that the Debtor’s son, being over the age of minority, is emancipated, and therefore does not qualify … Nevertheless, such an amount is clearly not enough to pay her student loan obligation as according to the Defendant’s owns records, a payment of approximately Two Hundred Fifty-nine dollars ($259.00) would still, after 291

Yoppolo v. Household Realty Corp. (In Re Winland)

276 B.R. 773 · United States Bankruptcy Court, N.D. Ohio · Apr 9, 2001

Winland, could recall very clearly the events leading up to the Debtors’ April 1997 refinancing. … This Rule, however, is qualified by other rules of evidence which permit a duplicate or other secondary evidence to be introduced to prove the content of a writing.

Hopkins v. United States (In Re Hopkins)

133 B.R. 102 · United States Bankruptcy Court, N.D. Ohio · Apr 10, 1991

Peregoy that a trust account was established by Mr. Hopkins as a means to hide transactions. Mr. … Clearly, she was a wife who not only actively participated in, but also enjoyed the fruits of the crime perpetrated by her husband. Kirk, 98 B.R. at 58 .

In Re Pesce Baking Co., Inc.

43 B.R. 949 · United States Bankruptcy Court, N.D. Ohio · Nov 14, 1984

Under the first prong the debtor must establish, and the court must find, that the agreement “burdens the estate”. What must the debtor show to establish that the agreements “burden the estate”? … Robert now arguably qualifies for partial benefits under the Teamsters’ plan. Had he quit the union when he became general manager, he would not have qualified. This is bad faith.

SCI Direct LLC v. McDermott, United States Trustee for Region 9

United States Bankruptcy Court, N.D. Ohio · Sep 22, 2020

Congress Intended the 2017 Amendment to Apply to New or Pending Chapter 11 Cases Where Qualifying Disbursements Were Made on or After January 1, 2018 Plaintiffs first argue that Congress did not clearly express … The Reorganized Debtors maintain that the UST fees imposed by the Amendment cannot qualify as a reasonable user fee because they are clearly not designed to reimburse the government for

In Re Burns

437 B.R. 246 · United States Bankruptcy Court, N.D. Ohio · Jun 16, 2010

Such would be an absurd result and clearly not one intended by Congress. In re Phillips, No. 09-42937-JJR-7, 2010 WL 816150, *3 , 2010 Bankr.LEXIS 710, *8-9 (Bankr.N.D.Ala. Mar.5, 2010). … Finding this the “most likely” Congressional purpose, the court found that § 522(f)(2)(C) serves that purpose by providing mortgagees with immunity from mortgage deficiency lien avoidance. Id.

Corzin v. Larson (In Re Larson)

340 B.R. 852 · United States Bankruptcy Court, N.D. Ohio · Apr 17, 2006

No formal discovery deadline was set and the Court issued an Order establishing motion filing deadlines [docket # 15]. … The Plan is a plan qualified under The Employee Retirement Income Security Act of 1974, as amended [ 29 U.S.C. § 1001 et seq.]

In Re Vasko

6 B.R. 317 · United States Bankruptcy Court, N.D. Ohio · Oct 7, 1980

These are that 2329.66(A)(4)(a) and (17) violate Article IV, Section 2, the Privileges and Immunities Clause of the Constitution, and the Equal Protection Clause of the XIV Amendment to the Constitution. … It must be regarded as valid, unless it can be clearly shown to be in conflict with the constitution.

In Re Visi-Trak, Inc.

266 B.R. 372 · United States Bankruptcy Court, N.D. Ohio · Aug 24, 2001

Regardless of the veracity of its alleged alterations, HPM has not properly established that its claim arises out of post-petition contracts. Second, HPM has not established a clear benefit to the estate. … The evidence adduced clearly demonstrated that the product manufactured by the Debtor and sold to HPM was made pursuant to HPM’s specifications; HPM’s own Conditions of Purchase state: “By accepting this order you hereby