Case law

In re Buckeye Activewear, LLC

589 B.R. 772 · United States Bankruptcy Court, N.D. Ohio · Aug 31, 2018

The burden of establishing the non-contingent and undisputed nature of a § 303(b) qualifying claim rests on the petitioning creditor. Soderberg , 441 B.R. at 263 (citing Riverview Trenton R.R. Co. v. … Pa. 2017) ("...bankruptcy courts clearly retain jurisdiction to consider awarding a putative debtor section 303(i) damages after the court dismisses the involuntary petition.").

In Re ICLNDS Notes Acquisition, LLC

259 B.R. 289 · United States Bankruptcy Court, N.D. Ohio · Feb 16, 2001

In other words, individuals, corporations and partnerships are clearly eligible for relief, but other similar entities are as well. … The Ohio Supreme Court, which has adopted a similar rule, explained its purpose: Litigation must be projected through the courts according to established practice by lawyers who are of high character, skilled in the profession

Dorsey v. Prokos Check Cashing (In Re Dorsey)

373 B.R. 528 · United States Bankruptcy Court, N.D. Ohio · Aug 6, 2007

For purposes of this provision, the qualifying word, “willful,” simply means that, as Prokos admitted in this matter, the creditor knew of the debtor’s pending bankruptcy. … Dorsey, which was standard for all Prokos’ transactions, wherein it was clearly set forth that if a bad check were tendered, the matter would be brought to the prosecutor’s attention.

In re Firstenergy Solutions Corp.

596 B.R. 631 · United States Bankruptcy Court, N.D. Ohio · Jan 15, 2019

The Exception to the Automatic Stay Established by Bankruptcy Code Section 556 Does Not Apply to Meadville Because it is Not a Forward Contract Merchant. … Following the effective date of BAPCPA, the definition of "forward contract merchant" was expanded so that "entit[ies]," not merely "person[s]," qualified.

In Re McLaughlin

320 B.R. 661 · United States Bankruptcy Court, N.D. Ohio · Feb 1, 2005

Similarly, those attorney fees which may be viewed as inextricably intertwined with the litigation of nondischargeable support are said themselves to qualify for nondischargeability under discharge-ability actions pursuant … A non-debtor spouse that establishes that the support obligation is designated as support and has all of the indicia of support has met his burden under § 523(a)(5). Id.; See also Calhoun v.

Phillips v. Household Finance Corp. (In re Phillips)

13 B.R. 811 · United States Bankruptcy Court, N.D. Ohio · Aug 28, 1981

such liens impair exemptions to which the debtor would have been entitled under subsection 522(b). 1 The liens of Defendants, herein, are nonpossessory, non-purchase-money security interests in household goods and thus qualify … Section 522(b) gives a debtor the choice of exempting from property of the estate either (1) the Federal exemptions established by Congress and set forth in subsection (d) of Section 522 or (2) the State exemptions established

Hunter v. Sowers (In Re Sowers)

229 B.R. 151 · United States Bankruptcy Court, N.D. Ohio · Oct 27, 1998

Clearly not disclosing information at a § 341 meeting constitutes a concealment occurring after the filing of the bankruptcy petition. See 11 U.S.C. § 341 (a). … First, there is no question that testimony given at a § 341 meeting, and statements or omissions contained in a debt- or’s Bankruptcy Schedules qualify as occurring under oath for purposes of § 727(a)(4)(A).

Barrett v. Sallie Mae Servicing (In Re Barrett)

339 B.R. 435 · United States Bankruptcy Court, N.D. Ohio · Dec 14, 2004

In fact to the contrary, it was clearly shown that the Debtor’s mental *442 difficulties do not rise to the level to enable the Debtor to qualify for Social Security Disability benefits. … This Court finds that compliance with the ICRP is not necessary to establish good faith.

In Re Ohio Corrugating Co.

115 B.R. 572 · United States Bankruptcy Court, N.D. Ohio · Apr 12, 1990

The Sixth Circuit held that Section 1113 encompasses retiree benefits, and, therefore, it was not necessary for the premiums to qualify as an administrative expense because they were payable under § 1113. … by the Bankruptcy Code, especially with the priority scheme established by § 507 and § 1129(9)(B).

Lynn v. Grigsby (In Re White Motor Corp.)

99 B.R. 783 · United States Bankruptcy Court, N.D. Ohio · May 19, 1989

The plan was established to qualify under ERISA and Section 501 of the Internal Revenue Code. (Joint Exh. B). … Clearly, the Committee had no established review procedure and their counsel was unreasonably dilatory in informing Plaintiff the manner in which his claim would be reviewed.

Votruba v. Florida Department of Education (In Re Votruba)

310 B.R. 698 · United States Bankruptcy Court, N.D. Ohio · Jun 16, 2004

In the absence of clearly expressed contrary legislative intent, the statutory language must be regarded as conclusive.... … The first prong of the Brunner test has clearly been met by the Debtor.

Stupka v. Great Lakes Ed. (In Re Stupka)

302 B.R. 236 · United States Bankruptcy Court, N.D. Ohio · Aug 29, 2003

Implicit in this requirement is the concept that the debtor’s distressed state of financial affairs be the result of events which are clearly out of the debtor’s control; that is, the debtor must establish that they have … In greater detail, the program can be explained as this: a borrower may qualify for an Income Contingent Repayment Plan, where the amount of the required monthly payment is recalculated yearly based on the borrower’s Adjusted

In Re Martz

293 B.R. 409 · United States Bankruptcy Court, N.D. Ohio · Oct 17, 2002

Similarly, it is also well established that the mere fact that a claim has not been reduced to judgment does thereby render that claim contingent. See In re Dill, 30 B.R. 546, 549 (9th Cir. … Section 109(e), however, was clearly not meant for such a purpose.

Baumgart v. Potts (In Re Potts)

353 B.R. 874 · United States Bankruptcy Court, N.D. Ohio · Oct 16, 2006

II, § 15(D) of the Ohio Constitution, which stated: No bill shall contain more than one subject, which shall be clearly expressed in the title. … Moreover, “the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact.” Street v. J.C.

In Re Woods

406 B.R. 293 · United States Bankruptcy Court, N.D. Ohio · Apr 3, 2009

The debtor’s proposed plan in In re Ruehle, as confirmed by the court, had included language to the effect that confirmation would constitute a finding of “undue hardship,” thereby qualifying the debt for discharge under … At its most basic level, In re Ruehle may be said to stand on the idea that where bankruptcy law establishes a procedural framework for handling disputes, compliance with that standard should be consulted when evaluating

Rafoth v. Bailey (In Re Baker & Getty Financial Services, Inc.)

88 B.R. 792 · United States Bankruptcy Court, N.D. Ohio · May 24, 1988

SCHWENKER had a sufficiently close relationship with each of the Corporate Debtors to qualify as an “insider,” as that term is defined in 11 U.S.C. Sec. 101 (30). Therefore, J. … It is an accepted maxim of equity jurisprudence that equity adopts and follows established rules of law. Black’s Law *800 Dictionary 485 (5th Ed.1979).

In Re Monclova Care Center, Inc.

254 B.R. 167 · United States Bankruptcy Court, N.D. Ohio · May 25, 2000

Thus, § 502 establishes the general rule that even if a proof of claim is clearly objectionable, the failure of a party in interest to actually interpose an objection to the claim causes that claim to be allowed. … Instead, it is clear that an oversecured creditor’s claim may be qualified by a confirmed plan of reorganization, and the right to receive postpetition interest is therefore subject to any limitation contained in a debtor

Rank v. United States Internal Revenue Service (In Re Rank)

161 B.R. 406 · United States Bankruptcy Court, N.D. Ohio · Nov 4, 1993

The Internal Revenue Service (hereafter “IRS”) may compute the taxpayer’s income by any method which clearly reflects the taxpayer’s income. 26 U.S.C. § 446 (b). … The Substitute for Return filed for 1983, however, does not comport with the statutory requirements of 26 U.S.C. § 6020 (b) or the principle established in Cross.

Phyllix Mantilla Means Stovall and Ray Cameron Stovall

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

of debts, including other nondischargeable debts like domestic support obligations, are not so immunized. … Echazabal, 536 U.S. 73, 80, 122 S.Ct. 2045, 153 L.Ed.2d 82 (2002)), the circumstances here clearly support such an inference.

In re Carlin Investment Co.

158 B.R. 690 · United States Bankruptcy Court, N.D. Ohio · Aug 12, 1993

Third, the Trustee failed to file his Brief in accordance with the schedule established by the Court. … Clearly, those principles established in Pioneer have no relevance to the case at bar.