Bankruptcy Court for the Northern District of Ohio Court Cases

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  1. In Re Haar (2007)

    This cause comes before the Court after a Hearing on the Debtor's Objection to the Motion of the United States Trustee to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(2) and (b)(3). At the Hearing, it was stipulated that, prior to proceeding with the various issues raised in this action, a preliminary legal question should first be decided: Whether the Debtors are permitted to include in their `means test' calculation of § 707(b)(2), payments made on secured property that will not ultimately [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 06 31270
  2. In Re Mestemaker (2007)

    This case is before the court on the United States Trustee's ("UST") motion to dismiss Debtors' Chapter 7 case for abuse under 11 U.S.C. § 707(b)(3) [Doc. # 23], Debtors' response [Doc. # 28] and the UST's supplemental brief [Doc. # 32]. The court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 and the general order of reference entered in this district. Proceedings to determine a motion to dismiss a case under § 707(b) are core proceedings that the court may hear and decide. 28 [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 05-76976
  3. In Re Oot (2007)

    This cause comes before the Court after a hearing on the Motion of the United States Trustee to Dismiss Case pursuant to 11 U.S.C. § 707(b)(2) and (b)(3). At the Hearing, the United States Trustee, based upon subsequent information provided by the Debtors, limited the scope of its Motion to Dismiss to those grounds provided in § 707(b)(3). Upon the conclusion of the Hearing, the Court ordered the Debtors to submit updated information concerning their financial situation. (Doc. No. 56). The [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 06-31622
  4. In Re Pier (2004)

    The instant cause is before the Court upon the Motion of the United States Trustee to Dismiss and the Debtors' Response thereto. The Trustee's Motion is brought pursuant to 11 U.S.C. § 707(b) which generally provides that, when an individual holds primarily consumer debt, a court may dismiss the case if it finds that its continuation would result in a "substantial abuse" of the bankruptcy process. The overall factual basis for the Trustee's Motion is that Debtors have the means by which to [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 03-34568
  5. In Re Gonzalez (2007)

    This cause comes before the Court after a Hearing on the Motion of the United States Trustee to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1) and § 707(b)(3). Both the Debtors and the Trustee, Ericka Parker, have objected to the Motion to Dismiss. At the conclusion of the Hearing, the Court took the matter under advisement so as to afford time to thoroughly consider the issues raised by the Parties. The Court has now had this opportunity, and finds, for the reasons now explained, that the [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 07-31122
  6. In Re White Motor Credit Corp. (1987)

    Before the court is the complaint of Volvo White Truck Corporation for declaratory and injunctive relief. Defendants Chambersburg Beverage, Inc., Steven M. and Bobbie H. Gillespie, and C. Earl Brown, Inc. filed motions to dismiss. John T. Grigsby, Jr., Disposition Assets Trustee of the White Motor Reorganization Trust, intervened as a party-defendant. Due to prompt scheduling of this matter, the parties agreed that Volvo's motion for preliminary relief is unnecessary.


    Court: Bankruptcy Court for the Northern District of Ohio Docket: Bankruptcy Nos. B80-03360, B80-03361, B80-03362, B80-03364, B80-03365, Adv. No. B87-0081
  7. In Re Perviz (2003)

    Andrew J. Hubbs, Potestivo & Associates, Sterling Heights, MI, Beth Ann Schenz, Weltman, Weinberg & Reis Co. LPA, Barbara Friedman Yaksic, McGlinchey, Stafford PLLC, Cleveland, OH, for creditors.


    Court: Bankruptcy Court for the Northern District of Ohio Docket: 02-35202
  8. In Re Swinney (2001)

    The above-captioned adversary case comes before the Court after a Trial on the Plaintiff/Debtor's (hereinafter referred to as the "Debtor") Complaint to determine the dischargeability of a debt. The specific debt at issue is a student loan obligation which was incurred by the Debtor to obtain a Bachelor of Science Degree in psychology from the Liberty University of Life Long Learning. At the Trial, it was established that the amount in controversy was Nine Thousand Seven Hundred Nine and 78/100 [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 00-3195, 00-32676
  9. In Re Grim (2003)

    In the instant case, the Plaintiff, as executrix of her deceased parents' estate, seeks a determination that a certain business investment placed with the Defendant is a nondischargeable debt. On October 29, 2002, a Trial was held on this matter. At the conclusion of this Trial, the Court permitted the Parties to file Post-Trial Briefs, which both the Parties have now done. After reviewing these briefs, together with all of the evidence presented in this case, the Court, for the reasons that [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 01-3156, 01-31676
  10. In Re Kaminski (2008)

    This cause comes before the Court on the Motion of the United States Trustee to Dismiss this Case for abuse pursuant to 11 U.S.C. § 707(b). (Doc. No. 24). The Debtors filed a response, contra, after which time a Hearing was held on the matter. (Doc. No. 31). At the conclusion of the Hearing, the Court, finding that insufficient evidence had been presented regarding the Debtors' financial condition, ordered the Debtors to submit updated budgetary figures. (Doc. No. 38). This information has [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 07-35231
  11. In Re Parrish (2005)

    Beneficial Ohio Inc. d/b/a Beneficial Mortgage Co. of Ohio (Beneficial) filed a proof of claim alleging the debtor Melvin Parrish owes it a secured debt totaling $37,343.62 for money loaned. The debtor filed an amended objection to the claim and the creditor responded.[1] For the reasons stated below, the debtor's amended objection is sustained.


    Court: Bankruptcy Court for the Northern District of Ohio Docket: 02-19339
  12. In Re Wadsworth (2007)

    This cause comes before the Court after a Hearing r on the Motion of the United States Trustee to Dismiss Cite Pursuant to 11 U.S.C. § 707(b)(3). At the conclusion of the Hearing, the Court took the matter under advisement so `as to afford time to thoroughly consider the issues raised by the Parties. The Court has now had this opportunity, and finds, for the reasons now explained, that the Motion of the United States Trustee should be Granted.


    Court: Bankruptcy Court for the Northern District of Ohio Docket: 07-32407
  13. In Re Westfall (2007)

    This case is before the court on the objections to confirmation filed by creditor Nuvell Credit Corporation ("Nuvell") and creditor WFS Financial, Inc. ("WFS"). Both objections were based on debtors' proposed treatment of the creditors' secured vehicle loans. Through the plan, debtors proposed to bifurcate the loans into secured and unsecured portions. Creditors argued that the language in 11 U.S.C. § 1325(a), the. "hanging paragraph," protected their claims from bifurcation because the loans [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 06-60297
  14. In Re HRP Auto Center, Inc. (1991)

    The issues before the Court emanate from the Chapter 11 case of H.R.P. Auto Center, Inc. (HRP(2)), Case Number B87-00170. Specifically under consideration are (1) the motion of the State of Ohio, Department of Taxation (State) for dismissal or conversion of the Chapter 11 case and Debtor's response, (2) Debtor's motion to vacate unauthorized judgment entry and objection to claim with State's response, and (3) Debtor's amended counterclaim seeking damages and related relief for State's actions [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: Bankruptcy No. B87-00170
  15. In Re Thompson (2006)

    This Chapter 7 case is currently before the Court on the United States Trustee's motion to dismiss for abuse under 11 U.S.C. § 707(b)(1). At issue is whether payments on the debtor-husband's 401(k) loan may be used to reduce the debtors' current monthly income. For the reasons that follow, the Court finds that the payments are "payments on account of secured debts" for purposes of 11 U.S.C. § 707(b)(2)(A)(iii), thereby negating any presumption of abuse. In the alternative, the Court finds [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 06-10024
  16. In Re Havanec (1994)

    The Debtor in this case asserts that his exemption claims became final in the chapter 11 phase of his case since no creditor objected within the time specified in Rule 4003(b) of the Federal Rules of Bankruptcy Procedure. The Trustee appointed after the Debtor converted the case to chapter 7 argues that the Debtor is wrong on two counts: first, because the chapter 11 creditors meeting was never concluded and therefore the 30-day period specified in Rule 4003(b) never started, and second, [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: Bankruptcy No. 93-14857
  17. In Re Chapman (1998)

    This cause comes before the Court upon the Plaintiffs' Motion for Summary Judgment, and Memorandum in Support; and the Defendant's Response to the Plaintiffs' Motion, and Memorandum in Support. This Court has reviewed the arguments of Counsel, the exhibits, as well as the entire record of the case. Based upon that review, and for the following reasons, the Court finds that the Plaintiffs' Motion for Summary Judgment should be GRANTED; and the Plaintiffs' claim against the Defendant in the [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: Bankruptcy No. 98-3142
  18. In Re Stewart (2008)

    This cause comes before the Court after a Hearing on the Motion of the United States Trustee to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1) and 11 U.S.C. § 707(b)(3). At the conclusion of the Hearing, the Court took the matter under advisement so as to afford time to thoroughly consider the issues raised by the Parties. The Court has now had this opportunity, and finds, for the reasons now explained, that the Motion of the United States Trustee should be Denied.


    Court: Bankruptcy Court for the Northern District of Ohio Docket: 07-31815
  19. In Re Simmons (2006)

    This matter comes before the Court on the following pleadings: (1) a "Motion of the United States Trustee to Dismiss Pursuant to 11 U.S.C. Section 707(b)(1)" [docket # 27] (the "Initial Motion to Dismiss"); (2) debtor's response to the Initial Motion to Dismiss [docket # 36]; (3) a "Supplement to Motion of the United States Trustee to Dismiss Pursuant to 11 U.S.C. Section 707(b)(1)" [docket # 37] (the "Supplemental Motion to Dismiss") and (4) debtor's reply to the Supplemental Motion to Dismiss [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 05-81355
  20. In Re Westfall (2007)

    Before the court are two objections to confirmation of debtors' fourth amended chapter 13 plan. The plan proposed by debtors attempts to cram down (to reduce to a value other than the balance owed) secured liens on two automobiles, each purchased within nine hundred ten (910) days of debtors' filing, where a portion of the loan proceeds was used to pay off negative equity (the amount by which the debt securing the traded vehicle exceeded the trade-in value) on trade-in vehicles. Creditor Nuvell [...]

    Court: Bankruptcy Court for the Northern District of Ohio Docket: 06-60297

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