Case law

Buckland v. Household Realty Corp. (In Re Buckland)

123 B.R. 573 · United States Bankruptcy Court, S.D. Ohio · Jan 14, 1991

Although this citation may seem unnecessarily elementary, it clearly establishes that the provisions of 11 U.S.C. § 506 are applicable in chapter 7 proceedings. … He is an approved appraiser for the Montgomery County Common Pleas Probate Court and the Montgomery County Sheriff’s Office, and has previously qualified as an expert witness in the Montgomery County Common Pleas Court, the

In re Kyle

510 B.R. 804 · United States Bankruptcy Court, S.D. Ohio · May 14, 2014

Consilio, 114 Ohio St.3d 295 , 871 N.E.2d 1167 , 1171-72 (2007) (noting that a statute must clearly proclaim its own retroactivity to overcome of the presumption of prospective application). … The bankruptcy court denied the avoidance holding that the debtor did not qualify for Florida’s homestead exemption because of the preexisting lien exception. Id. at 307, 111 S.Ct. 1833 .

In re Stringer

586 B.R. 435 · United States Bankruptcy Court, S.D. Ohio · May 21, 2018

Under well-established principles of agency law, a principal is jointly and severally liable for the tortious actions of his agent if the agent is authorized to act. … Clearly, Debtor is entitled to an award of her attorneys' fees through March 31, 2018 in the amount of $19,008.17, for the fees incurred between that date and the trial.

Norbut v. Norbut (In Re Norbut)

387 B.R. 199 · United States Bankruptcy Court, S.D. Ohio · Apr 16, 2008

Further, the record establishes that times did not get any better for the Plaintiff following his divorce from the Debtor. … For all these reasons, among others, the court concluded that the intent of § 523(a)(5) clearly aligned itself with the position advocated by the creditor father — that an obligation consists of support whenever there is

Antioch Co. Litigation Trust v. Morgan (In Re Antioch Co.)

456 B.R. 791 · United States Bankruptcy Court, S.D. Ohio · Apr 28, 2011

plan, but left the traditional role of a trustee the same for an ESOP as any other ERISA qualified plan. … procedures for ERISA qualified plans.

Roberds, Inc. v. Broyhill Furniture (In Re Roberds, Inc.)

315 B.R. 443 · United States Bankruptcy Court, S.D. Ohio · Oct 7, 2004

The court rejects the Creditor’s position that demonstrated experience and expertise in the payment and credit practices particular to the furniture industry is necessary to qualify as an expert able to provide testimony … Without exhaustively reviewing all the lower court cases discussing this issue, the court determines that very few recent lower court decisions, which are clearly not bound by a particular circuit’s ruling, have followed

In re Gokay

535 B.R. 758 · United States Bankruptcy Court, S.D. Ohio · Aug 14, 2015

They argue that subsection (c) of § 522 is at the heart of debtors’ fresh start and that, combined with subsection (f), Congress’ intent in providing debtors a fresh start free from judgment liens is clearly evinced. … However, later in Owen , the Supreme Court did qualify this statement — stating that the “opt-out policy” was not absolute, but rather, must be applied “with whatever other competing or *763 limiting policies” the Bankruptcy

Rhiel v. Central Mortgage Co. (In Re Kebe)

469 B.R. 778 · United States Bankruptcy Court, S.D. Ohio · Mar 30, 2012

And, although “the Bankruptcy Code’s strong arm clause does not immunize a trustee who has constructive [notice] of a prior mortgage,” id. at 1027 , “Ohio law deems any purchaser — including bankruptcy law’s hypothetical … [T]here is no assurance that what he nets would be enough to purchase a new home because he has too much debt to qualify for the substantial new mortgage loan that he would require.”).

In Re McLemore

426 B.R. 728 · United States Bankruptcy Court, S.D. Ohio · Mar 30, 2010

Short of expressly naming ATF as a Class 2 allowed secured creditor in the Plan, the court cannot envision how the Debtor could have more clearly described the treatment of ATF under his Plan. … Although in each of these cases, the court qualified its decision with additional facts (ambiguous notice in Woods and debtor's filing of the claim objection a year after the plan was confirmed in Bateman), to the extent

Gerdes v. Gerdes (In Re Gerdes)

33 B.R. 860 · United States Bankruptcy Court, S.D. Ohio · Sep 23, 1983

The Debtor had achieved marked success in the aircraft business, and was duly licensed to operate certain aspects of the airport businesses for which the proposed buyer is not qualified. … The amounts to be paid via the wholly owned corporation were negotiated and established from the income and expense statement required by the state court for the acknowledged purpose of establishing the need and monetary

In re Jordan

555 B.R. 636 · United States Bankruptcy Court, S.D. Ohio · Jul 1, 2016

In Blair, a Chapter 7 case, the bankruptcy court found that the debtor had failed to establish undue hardship. … Judges and commentators alike have pointed out how difficult it can be for debtors to establish undue hardship.

Cardinal Industries, Inc. v. Buckeye Federal Savings & Loan Ass'n

105 B.R. 834 · United States Bankruptcy Court, S.D. Ohio · Sep 28, 1989

Further, this case does not qualify as a “limited fund” case. … That theory is clearly rejected by the Bankruptcy Code.

In re ASPC Corp.

601 B.R. 766 · United States Bankruptcy Court, S.D. Ohio · May 10, 2019

No qualified competing bids were received, and the auction was cancelled. … Such phrases are known as "notwithstanding clauses," and their effect is well established.

Jones v. Hyatt Legal Services (In Re Dow)

132 B.R. 853 · United States Bankruptcy Court, S.D. Ohio · Oct 22, 1991

However, the Court’s order of withdrawal entered February 16, 1990 and served upon both the debtor and the defendants clearly constituted such an affirmative act. *859 A legal malpractice action accrues at the latter of the … This section is very broad; it is well-established that causes of action existing at the time of a case’s commencement are included. H.R.Rep. No. 595, 95th Cong., 1st Sess. at 367-68 (1977); S.Rep.

Matter of Baldwin United Corp.

43 B.R. 888 · United States Bankruptcy Court, S.D. Ohio · Oct 19, 1984

(Shareholders’ Ex. 18) 27.There are three salient points which clearly emerge from a review of these transactions. … In sum, we have no quarrel with the decision in Bran-ijf — we merely find it clearly distinguishable on the facts presented.

In Re Lee Way Holding Co.

120 B.R. 881 · United States Bankruptcy Court, S.D. Ohio · Oct 16, 1990

Clearly, Bankruptcy Rule 2002 specifies the notice required to be given. … That ruling obviously does not require a different result here, nor is that ruling qualified by the Court’s view on the issues before the Court now.

In Re Hockenberry

457 B.R. 646 · United States Bankruptcy Court, S.D. Ohio · Sep 16, 2011

Upon doing so, she will qualify for a Social Security retirement benefit. Id. at 34 . Mrs. … This amount clearly is much less than what they would have received in a Chapter 7 liquidation.

Ohio Farmers Insurance v. Hughes-Bechtol, Inc. (In Re Hughes-Bechtol, Inc.)

117 B.R. 890 · United States Bankruptcy Court, S.D. Ohio · Jun 29, 1990

Postpetition financing orders obtained pursuant to 11 U.S.C. § 364 are quite clearly unique and extraordinary orders. … Although the same or similar facts may establish either waiver or estoppel, they are distinct legal doctrines.

Bavelis v. Doukas (In Re Bavelis)

453 B.R. 832 · United States Bankruptcy Court, S.D. Ohio · May 31, 2011

Thus, the Southern District of Ohio clearly is convenient for him. … It is true that a person may have more than one residence, see Miller, 433 B.R. at 212 , but the phrase "longer than” used in 28 U.S.C. § 1408 (1) means that "only one such residence may qualify for the purpose of establishing

In Re Dorn

167 B.R. 860 · United States Bankruptcy Court, S.D. Ohio · Jun 10, 1994

To hold otherwise would be tantamount to concluding that trustees must be attorneys, which is clearly not the case. See, 28 CFR § 68.3 . … The very quality, however, which makes the attorney particularly qualified to act as trustee, unfortunately beclouds the matter of compensation. In re Red Cross Hospital Assoc., Inc., 18 B.R. 593, 594 (Bankr.