Case law

Matter of Davis

68 B.R. 205 · United States Bankruptcy Court, S.D. Ohio · Dec 2, 1986

As the court stated in Matter of Wall, 52 B.R. at 616 , The burden of proof to establish that a Plan is proposed in good faith is squarely on the Debtor. … Their budget contains items which could clearly be found not reasonably necessary for themselves or their dependants.

Matter of Baldwin-United Corp.

79 B.R. 321 · United States Bankruptcy Court, S.D. Ohio · Oct 16, 1987

The time he spent merely as a second representative clearly would not be reimburse-able. … Be that as it may, the evidence establishes that zero coupon bonds are hardly a unique concept.

In Re HRC Joint Venture

187 B.R. 202 · United States Bankruptcy Court, S.D. Ohio · Sep 29, 1995

He is also a well-qualified accountant, and is a partner of Price Waterhouse, LLP. … As to subjectivity, clearly there is a great deal of this on the part of the expert called upon in deriving what is, after all, a hypothetical discount rate.

Estate of Verkamp v. KDI Corp. (In Re KDI Corp.)

119 B.R. 594 · United States Bankruptcy Court, S.D. Ohio · Oct 12, 1990

“Summary judgment on this issue would establish that KDI is the party responsible for any delay in this case and is thereby prevented from asserting any prejudice due to delay.” … The putative class consisted of the former shareholders of the Verkamp Corporation of which this claimant’s predecessor in interest clearly was one.

Harker v. West (In Re West)

328 B.R. 736 · United States Bankruptcy Court, S.D. Ohio · Jan 12, 2004

West attributes her inability to clearly remember the existence or whereabouts of the jewelry to her medical condition. … No evidence was offered to establish the date that West ceased working. 2 .

In Re Taubman

160 B.R. 964 · United States Bankruptcy Court, S.D. Ohio · Nov 16, 1993

This aspect is addressed most clearly in Independent Clearing House, which states: [T]he use of investors’ money to perpetuate a Ponzi scheme is not the type of ‘property’ and hence ‘value’ Congress had in mind when it passed … To apply [§ 547](c)(2) to immunize these activities “would lend judicial support to ‘Ponzi’ schemes by rewarding early investors at the expense of later victims.”

Cashflow Design, Inc. v. Foster (In Re Comprehensive Business Systems, Inc.)

119 B.R. 573 · United States Bankruptcy Court, S.D. Ohio · Aug 24, 1990

Townsend Foster, Jr. is the duly qualified and acting successor Interim Trustee of the estate of Comprehensive Business Systems, Inc. (hereinafter “Trustee”). 2. Cashflow Design, Inc. … The court therefore finds that, in the aggregate, there is insufficient evidence to clearly establish the existence of conditions precedent to the obligation of Cashflow to perform the settlement agreement.

Drown v. Wells Fargo Bank, N.A. (In Re Scott)

424 B.R. 315 · United States Bankruptcy Court, S.D. Ohio · Mar 2, 2010

“[T]he Bankruptcy Code’s strong arm clause does not immunize a trustee who has constructive knowledge of a prior mortgage.... ” Zaptocky, 250 F.3d at 1027. See also Anderson v. … BAP 2004) (“Once the existence of an attorney’s charging lien is established, it is treated as a lien for all purposes under the Bankruptcy Code.

Bavelis v. Doukas (In re Bavelis)

571 B.R. 278 · United States Bankruptcy Court, S.D. Ohio · Feb 22, 2017

The value of the stock and options was never established, Tr. at 872-75. Mr. … Indeed, if it were otherwise, a defendant would have it in his power to perpetrate a fraud with immunity, depriving the victim of all redress, if he simply has the foresight to include a merger clause in the agreement.

Matter of Baldwin-United Corp.

55 B.R. 885 · United States Bankruptcy Court, S.D. Ohio · Dec 13, 1985

Under the Bankruptcy Act of 1898 a claim was required to be both “provable” under § 63 and “allowable” under § 57 in order to qualify for participation in any distribution from the bankruptcy estate. … The guidelines for determining the existence of a property interest are well-established: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Bavelis v. Doukas (In re Bavelis)

490 B.R. 258 · United States Bankruptcy Court, S.D. Ohio · Mar 28, 2013

Parkinson to be a well-qualified and credible expert witness. Mr. Parkinson testified that no reasonable lender would have lent money to Mr. Bavelis based on the assets purportedly being made available by Mr. … The value of the stock and options was never established. Tr. at 872-75. Mr.

In Re Smith

365 B.R. 770 · United States Bankruptcy Court, S.D. Ohio · Feb 12, 2007

Application of this multi-factor test to the facts and circumstances surrounding Smith’s violations of the securities laws clearly would have required the exercise of judgment and discretion by the District Court, not simply … Smith therefore qualifies for relief under Chapter 13 of the Bankruptcy Code. D.

In Re Gooch

250 B.R. 887 · United States Bankruptcy Court, S.D. Ohio · Jul 7, 2000

You may even qualify to pay off your credit card debt and medical bills at a reduced amount.... (emphasis supplied). … All bankruptcy attorneys in the Southern District of Ohio are aware of the well-established procedures for bringing automatic stay violations to the Court’s attention.

Junk v. CitiMortgage, Inc. (In re Junk)

512 B.R. 584 · United States Bankruptcy Court, S.D. Ohio · Jul 2, 2014

CitiMortgage responded with a letter stating that the Junks’ letter did not meet the necessary elements of a qualified written request under RESPA. Ex. 20 to J.E. 46; Tr. at 159. … Szymoniak stating that “I have concluded that the Assignments at issue herein are fraudulent and/or insufficient to establish standing to foreclose.”).

Whittaker v. Groves Venture, LLC (In re Bolon)

538 B.R. 391 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 2015

See id. at 480 (“Because Golf Chic’s cause of action became a property interest after the Underhills filed for bankruptcy, it cannot qualify as bankruptcy property!.]”) … Given all of the considerations discussed above, the Court does not read Underhill as conflating the distinction governing Ohio law clearly makes between a member’s ownership interest in a limited liability company and a

Rieser v. Hayslip (In Re Canyon Systems Corp.)

343 B.R. 615 · United States Bankruptcy Court, S.D. Ohio · Mar 31, 2006

To qualify as an IA, a person had to pay Canyon $75 and was required to undergo sales training, which consisted of three parts: attending four training sés- *627 sions, viewing the Training Video, and passing an examination … [They hold] that the payment of interest to innocent investors pursuant to a contractual obligation clearly constitute^] the satisfaction of an antecedent debt and, therefore, based upon the clear language of the statute,

In Re Phillips

417 B.R. 30 · United States Bankruptcy Court, S.D. Ohio · Sep 22, 2009

. § 541 (b)(7) now excludes from “disposable income” amounts withheld from wages as contributions to many types of retirement plans including the ERISA-qualified and government retirement plans specified in the language of … Clearly, the funds presently directed to repayment of the loans could be dedicated to pay creditors in future months once the loans are paid off.

Brock v. Barlow (In Re Brock)

58 B.R. 797 · United States Bankruptcy Court, S.D. Ohio · Mar 14, 1986

. § 362 clearly require a creditor to seek relief from the provisions of the automatic stay or proceed at peril, a discussion of these provisions as they relate to state court contempt proceedings arising out of domestic … Accordingly, Barlow could not have proceeded even against property that was not property of the estate and belonged only to Brock since the determination of the debt in this case establishes that the obligation to H.F.C.

In re Barrington Spring House, LLC

509 B.R. 587 · United States Bankruptcy Court, S.D. Ohio · Apr 11, 2014

Consequently, the Debtors have established proper venue in this bankruptcy court pursuant to 28 U.S.C. § 1408 . … Clearly, the primary witnesses will be the Mawardis and any others who have been involved in the Florida Litigation. This factor strongly favors transferring the case to Florida.

In re Nicole Gas Production, Ltd.

542 B.R. 204 · United States Bankruptcy Court, S.D. Ohio · Dec 10, 2015

The point the Court was making was that, under the governing law, the Fulson Parties clearly violated the automatic stay and were in contempt when they commenced and continued the 2013 State Court Case. … Finding that Ransier and Vorys "are qualified to act as attorneys ... and that it is in the best interests of the estate that [Ransier] be authorized to retain said law firm, with Frederick L.