Bankruptcy Court for the Southern District of Ohio Court Cases

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  1. In Re Kolb (2007)

    On July 28, 2006, the Debtor, Denise M. Kolb, filed her chapter 13 petition (Doc. 1) and proposed chapter 13 plan (Doc. 2). According to her plan, she would contribute $1,660.00 per month, for approximately 36 months, and her unsecured creditors would receive a 10% dividend (Doc. 2). The proposed plan was consistent with the Debtor's schedules I and J, which showed monthly net income of $1,660.00. Monthly net income (See Doc. 1 — Schedule J) represents, at the time of filing, the Debtor's [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: 06-32036
  2. In Re Canyon Systems Corp. (2006)

    Pending before the Court in these adversary proceedings are identical motions for partial summary judgment (collectively, "Motion") filed by the Plaintiff, John Paul Rieser, Chapter 7 Trustee ("Rieser" or "Trustee"), against all remaining defendants ("Defendants") in all remaining adversary proceedings in the bankruptcy case of Canyon Systems Corporation ("Canyon" or "Debtor"). For the reasons explained below, the Motion is granted in part and denied in part.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 97-33774, Adversary Nos. 03-2605, 03-2606, 03-2607, 03-2609, 03-2610, 03-2611, 03-2612, 03-2613, 03-2614, 03-2615, 03-2616
  3. In Re Burkett (2005)

    The Chapter 7 Trustee filed an objection to claims of credit card claimholders requesting disallowance of the claims primarily because of the failure to attach sufficient supporting documentation. For the reasons set forth in this decision, the court concludes that the Trustee's objection is without merit. An objection to a claim based solely on lack of documentation or deviation from the Official Form does not provide a substantive basis for disallowing the claim, especially if a debtor [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: 04-34826
  4. In Re Sparks (2006)

    This matter is before the Court on the objection to confirmation of the plan (Doc. 25) filed by Creditor HSBC Auto Finance aka Household Automotive Finance ("HSBC"), the amended objection (Doc. 35), and on the Debtors' response and memorandum in support of confirmation (Doc. 36). In addition, Ford Motor Credit Company was permitted to file an amicus curiae brief (Doc. 38) and HSBC filed a hearing brief (Doc. 39). A hearing was held on June 14, 2006, after which this Court considered the matter [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: 05-24832
  5. In Re Sorrell (2007)

    On July 3, 2006, the Debtors, Mark and Michelle Sorrell, filed a chapter 7 petition (Doc. 1). This chapter 7 case is subject to the provisions of Pub.L. No. 109-8, 119 Stat. 23, the Bankruptcy Abuse Prevention and Consumer Protection Act (the "2005 Act"), more specifically, this case requires consideration of issues presented by 11 U.S.C. § 707(b), commonly referred to as the means test. The court further notes that this case is limited to the consideration of § 707(b) in the context of a [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: 06-31720
  6. In Re Dow (1991)

    This matter is before the Court upon the motion ("Motion") of Hyatt Legal Services, Joel Hyatt, William Brooks, Susan Hyatt, Wayne Willis, Jane/John Doe, James Reese, Ben Rainsberger, and Richard Ovestrud (together, the "defendants") to dismiss the complaint filed by the Chapter 7 trustee ("plaintiff") and the plaintiff's opposition to that motion. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 2-88-05047, Adv. No. 2-91-0045
  7. Matter of Baldwin-United Corp. (1985)

    These Chapter 11 cases are before the Court pursuant to the Debtors' objections to claims filed by Edward D. Jones and Company (Claim 7232), J.C. Bradford and Company (Claim 7109), Paine Webber, Inc., et al (Claim 7022), Piper, Jaffrey and Hopwood, Inc., et al (Claims 6963, 6864, 6965 and 6472), Planco, Inc. (Claim 7108), Robinson Humphrey/American Express, Inc. (Claims 7195 and 7197), Shearson Lehman/American Express, Inc. (Claims 7196 and 7198), and W.H. Newbold's Sons and Company (Claim [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 1-83-02495
  8. In Re Payne (2006)

    This cause came on for hearing on March 9, 2006, to consider confirmation of the Chapter 13 Plan (Doc. # 2) filed by James and Kileen Payne (the "Debtors"), and the Objection to confirmation (Doc. # 20) filed on behalf of Honda Federal Credit Union. Present at the hearing were the Chapter 13 Trustee Frank Pees, his counsel John Kennedy, counsel for the Debtors John Cannizzaro, and counsel for Honda Federal Credit Union ("Credit Union") David Whittaker.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: 06-50029
  9. In Re Jones (1991)

    This matter comes before the Court upon the Motion of the Debtors to have this Court authorize the separate classification of the Thrift Savings Plan loan in their Chapter 13 proceeding. As grounds for the Motion, the Debtors point to the fact that the administrator of the Thrift Savings Plan has indicated the following: 1) that it will not file a claim in this case; 2) that it will only accept payment through payroll deductions, and not through the Plan; and 3) that it will report the loan as [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 2-91-03089
  10. In Re Sharon (1996)

    This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) — matters concerning the administration of the estate, (B) — allowance or disallowance of claims against the estate, (C) — counterclaims by the estate against persons filing claims against the estate, (E) — orders to turn over property of the estate, [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 96-31035
  11. In Re Taubman (1993)

    DECISION ON ORDER GRANTING MOTION OF TRUSTEE FOR PARTIAL SUMMARY JUDGMENT AS TO COMMON ISSUES IN THE ESTATE CASE CONCERNING ALL PROOFS OF CLAIM AND THE ADVERSARY PROCEEDINGS LISTED ABOVE AND DETERMINING THIS ORDER IS A FINAL ORDER PURSUANT TO FED.R.BANKR.P. 7054


    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 3-89-01642, Adv. Nos. 3-92-0022, 3-92-0029, 3-92-0050, 3-92-0054, 3-92-0057, 3-92-0061, 3-92-0065, 3-92-0070, 3-92-0082, 3-92-0092, 3-92-0093, 3-92-0094, 3-92-0096, 3-92-0097, 3-92-0098, 3-92-0100 and 3-92-0102
  12. In Re Kildow (1999)

    The adversary proceedings captioned above have arisen from the chapter 13 case of a single debtor, Kevin Kildow. The adversaries are before the Court on the motions for summary judgment filed by each of the Defendants. Because they raise identical legal issues, the Court will dispose of all three adversaries in a single order. In view of the voluminous history of this case and the long-standing dispute between the parties, the Court will very briefly set forth some of the facts of Mr. Kildow's [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 94-51378, Adversary Nos. 98-112, 98-113, 98-114
  13. In Re Future Energy Corp. (1988)

    This matter is before the Court following a hearing held to consider confirmation of the Third Amended Plan of Reorganization ("Plan") filed in this Chapter 11 case. The Plan has been jointly proposed by Future Energy Corporation (hereinafter "Future" or "debtor" or "debtor-in-possession"), Krutex Energy Corporation ("Krutex") and Canyon Development Corporation ("Canyon") — (hereinafter referred to as the "Proponents"). Objections to confirmation have been lodged by Columbia Gas Transmission [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 2-87-00552
  14. In Re Collins (2003)

    This matter comes before the Court upon the Defendant Standard Federal Bank's Motion for Summary Judgment ("Defendant's Motion"), the Cross-Motion of Plaintiff Frederick L. Ransier, Trustee for Summary Judgment and Consolidated Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment ("Trustee's Motion"), and the Defendant Standard Federal Bank's Brief in Opposition to Plaintiff's Motion for Summary Judgment and Reply in Favor [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 01-61393. Adversary No. 02-2092
  15. In Re Cleaver (2005)

    This matter is before the court on William T. Cleaver's Motion for Waiver of the Requirement to Obtain Budget and Credit Counseling Prior to Filing ("Motion") [Doc. 5] filed with the court on November 3, 2005, the same date on which Mr. Cleaver's chapter 13 petition was filed. The short Motion merely represents that a sheriffs sale of Mr. Cleaver's residence was scheduled for the following day, that the petition was filed to stop the sale, and that there was "insufficient time to complete the [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: 05-46572
  16. In Re dePellegrini (2007)

    This matter is before the Court on the United States Trustee's ("UST") motion to dismiss pursuant to 11 U.S.C. § 707(b)(3) (Doc. 26), the Debtor's response (Doc. 29), the UST's pre-hearing statement and supplemental memorandum (Doc. 37, 40), and the Debtor's supplemental response (Doc. 38). Also before the Court is the Debtor's motion to dismiss the UST's motion for untimeliness (Doc. 28) and the UST's response (Doc. 33). A hearing was held on April 12, 2007.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: 06-14195
  17. In Re QDS Components, Inc. (2002)

    Prior to filing this Chapter 11 case, QDS Components, Inc. ("QDS" or the "Debtor") entered into agreements, denominated leases, providing for the use of two Johnford TC-35 Turning Centers (the "Lathes"). The issue before the Court is whether the agreements constitute true leases or, as alleged by Lakin Manufacturing Company ("Lakin"), disguised security agreements.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: 00-36441
  18. Matter of Sams (1989)

    This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order Of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A)—matters concerning the administration of the estate (C)—counterclaims by the estate against persons filing claims against the estate and (O)—proceedings affecting the adjustment of the debtor-creditor relationship.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 3-88-04283, Adv. No. 3-89-0038
  19. In Re Ridgewood Apartments of DeKalb County, Ltd. (1994)

    The matter before the Court is the Objection filed by Debtor, Ridgewood Apartments of DeKalb County, Limited ("Debtor") and Cardinal Realty Services, Inc. ("Cardinal"), the Debtor's general partner, to the Amended Proof of Claim of Federal National Mortgage Association ("Fannie Mae"). Fannie Mae's original Proof of Claim ("Original Claim") was timely filed on March 5, 1993. The Amended Proof of Claim ("Amended Claim") was filed May 16, 1994.


    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 2-92-08638
  20. In Re Rapp (2007)

    Plaintiff Shirley M. Schafer ("Schafer") initiated this adversary proceeding to determine the dischargeability of a state court judgment entered in her favor against Defendant William R. Rapp ("Rapp" or "Debtor"), a contractor and the debtor in this Chapter 7 case.[1] Schafer sued Rapp in August 2004 in the Franklin County Court of Common Pleas ("State Court").[2] The lawsuit arose from a dispute between the parties concerning certain renovation and remodeling work performed by Rapp. The State [...]

    Court: Bankruptcy Court for the Southern District of Ohio Docket: Bankruptcy No. 06-52794, Adversary No. 06-02543

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