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Citation: 24 B.R. 727 | Docket No.: 19-11142
Status: Published | Citing: 9
Summary: 24 B.R. 727 (1982) In re Thomas Lynton TROYER, aka Thomas L. Troyer, aka Lynn Troyer, aka Thomas L. Troyer, fdba Commodity Concept, fdba Troyer Realty and Virginia S. Troyer, aka Ginny Troyer, Debtors. *729 In support of the objection and motion, the creditors state that: (1) debtor, Thomas L. Troyer, is ineligible for Chapter 13 relief as (a) he is a commodity broker, (b) the Debtor does not have a regular income, and (c) debtor owes in excess of $100,000 in unsecured debts; (2) Debtor has file......read more.


Citation: 5 B.R. 192 | Docket No.: 19-30542
Status: Published | Citing: 9
Summary: 5 B.R. 192 (1980) In the Matter of Jack W. DORRICOTT, Debtor. The debtor, who is a lecturer at the University of Akron and a consultant on marketing and finance matters, and his son, Tom Dorricott, filed an answer to said complaint claiming the said proceeds were exempted as provided for under 11 U.S.C., section 522 of the Bankruptcy Code and section 2329.66 of the Ohio Revised Code as *193 amended, and further that Tom Dorricott alleges that the funds on deposit in bank account 2811-2821 at the......read more.


Citation: 375 B.R. 387 | Docket No.: 19-40017
Status: Published | Citing: 11
Summary: 375 B.R. 387 (2007) In re Alan A. MA, Debtor. Elaine Mayher, Plaintiff, v. Alan A. Ma, Defendant. MEMORANDUM OF OPINION PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge, This dispute arises out of a refinancing transaction in which First Liberty Financial, Inc., owned and run by the debtor-defendant Alan Ma, served as a mortgage broker for the plaintiff Elaine Mayher. Mayher filed a complaint in Ma's chapter 7 case asking that a debt owed to her by First Liberty be declared nondischargeable as again......read more.


Citation: 7 B.R. 677 | Docket No.: 19-30237
Status: Published | Citing: 15
Summary: 7 B.R. 677 (1980) In re Larry O. FLUHARTY, Debtor. Larry O. FLUHARTY, Plaintiff, v. Judith FLUHARTY, Carol Miller, Susan L. Schlagel, John L. Wolfe, Defendants. A voluntary petition and plan under Chapter 13 of the Bankruptcy Code were filed by Larry O. Fluharty, hereinafter referred to as Debtor, on November 20, 1979. An objection to the confirmation of the Debtor's plan was filed by Judith A. Fluharty, Susanne L. Schlagel, Carol Miller, and John L. Wolfe, hereinafter referred to as Creditors, ......read more.


Citation: 196 B.R. 777 | Docket No.: 19-40013
Status: Published | Citing: 8
Summary: 196 B.R. 777 (1996) In re Margaret B. WILSON, Debtor. In the process of examining the Debtor, the Trustee discovered that the Debtor had received $100,000 from the settlement of a pre-petition personal injury suit, that she paid $40,000 to her attorney, spent $10,000 for herself, and gave the remaining $50,000 to her daughter as a gift. Title 11 U.S.C. § 727 provides in part: (a) The court shall grant the debtor a discharge unless — (2) the debtor, with intent to hinder, delay, or defraud a cred......read more.


Citation: 285 B.R. 259 | Docket No.: 19-50239
Status: Published | Citing: 17
Summary: 285 B.R. 259 (2002) In re LTV STEEL COMPANY, INC., et al., Debtors. October 24, 2002. This matter is before the Court on the Notice of Allocation and Amended Notice of Allocation of Net Proceeds of the Integrated Steel Sale filed by LTV Steel Company, *261 Inc., Debtor and Debtor-in-Possession (hereinafter "Debtor") on April 26, 2002 and May 15, 2002 respectively. On June 18-19 and July 1-2, 2002, a hearing was held on this matter. DISCUSSION In this proceeding, the Court must determine the allo......read more.


Citation: 103 B.R. 865 | Docket No.: 19-30036
Status: Published | Citing: 7
Summary: 103 B.R. 865 (1989) In re Jerry Franklin GRACYK and JoAnn Gracyk, Debtor(s). United States Bankruptcy Court, N.D. Ohio, W.D. February 17, 1989. Dwight L. Cain, Toledo, Ohio, for debtors, Jerry F. and JoAnn Gracyk. The Debtors, Jerry Franklin Gracyk and Jo Ann Gracyk, filed their Petition for relief under Chapter 13 on March 18, 1983.


Citation: 43 B.R. 401 | Docket No.: 19-60415
Status: Published | Citing: 6
Summary: 43 B.R. 401 (1984) In re Joseph A. CHIMENTO and Carole A. Chimento, fdba Centennial Sunshine Tours, Debtors. Carl D. RAFOTH, Trustee, Plaintiff, v. Joseph A. CHIMENTO and Carole A. Chimento, Debtors-Defendants. It has been agreed by the parties involved that Joseph A. Chimento should be dismissed as a party defendant as the facts alleged in the complaint do not apply to Joseph A. Chimento but do apply to Carole A. Chimento. B81-1398Y, was filed by Joseph A. Chimento and Carol A. Chimento fdba Ce......read more.


Citation: 418 B.R. 251 | Docket No.: 19-10072
Status: Published | Citing: 17
Summary: 418 B.R. 251 (2009) In re David McGUCKIN, Debtor. Shirley Knowles, Plaintiff v. David McGuckin, Defendant. FACTS The Debtor/Defendant, David A. McGuckin (hereinafter the "Debtor"), is a single, middle-age man. In this action, the Debtor filed a counterclaim, seeking damages for the Plaintiff's refusal to allow the Debtor access to his personal property. In rendering judgment for the Plaintiff on the matter of damages, the state court made the following determinations: (1) for "exterior clean up,......read more.


Citation: 78 B.R. 829 | Docket No.: 19-10522
Status: Published | Citing: 11
Summary: 78 B.R. 829 (1987) In re Charles Ellsworth KROHN, Debtor. A hearing was scheduled on the reaffirmation agreement, in the amount of $19,701.87, between the debtor and Society National Bank and was subsequently adjourned to June 23, 1987. As a result of the reaffirmation hearing, the court on May 19, 1987 reviewed the file and on June 1, 1987 issued an order, on its own motion, requiring the debtor to appear before the court pursuant to 11 U.S.C. § 707(b). The debtor claimed a $5,000 homestead int......read more.


Citation: 293 B.R. 127 | Docket No.: 19-30575
Status: Published | Citing: 26
Summary: 293 B.R. 127 (2002) In re William/Norma Jean JARRETT, Debtors. Norma Jean Jarrett, Plaintiff, v. State of Ohio, Dept. of Taxation, Defendant. On November 16, 1989, the Defendant, through the filing of a certificate of judgment, obtained a tax lien on all of the real property owned by the Debtor, Norma Jean Jarrett (hereinafter referred to individually as the "Debtor"). Morton v. National Bank of New York City (In re Morton), 866 F.2d 561 (2nd Cir.1989) (extension of a valid lien is not in confli......read more.


Citation: 51 B.R. 939 | Docket No.: 18-33721
Status: Published | Citing: 7
Summary: 51 B.R. 939 (1985) In re William Albert COUPE, Jr., aka Bill Coupe, Debtor. Joseph M. FAZIO and Donna Aniol, Plaintiffs, v. William Albert COUPE, Jr., Debtor/Defendant and Third Party Plaintiff, v. ROYAL INSURANCE CO., Third Party Defendant. The matter was duly heard by the court; there was only one witness, William Albert Coupe, Jr. The only testimony which plaintiffs presented at trial was the testimony of William Albert Coupe Jr., the debtor/defendant. Consequently, the court is called upon t......read more.


Citation: 321 B.R. 457 | Docket No.: 19-11064
Status: Published | Citing: 6
Summary: 321 B.R. 457 (2004) In re Clifford/Michele BOYER, Debtors. In terms of actual numbers, the Debtors listed in their petition $34,542.76 in total outstanding unsecured debt; and, after imputing to their income a voluntary contribution made to a 401(k) plan, the figures put forth by the Debtors reveal that they have the ability to devote $1,270.00 per month toward the repayment of this unsecured debt. In this matter, the Debtors do not take issue with this legal statement; nor do the Debtors disagr......read more.


Citation: 362 B.R. 866 | Docket No.: 19-10467
Status: Published | Citing: 12
Summary: 362 B.R. 866 (2007) In re Randall S. ALLEN, Debtor(s). GMAC contends that Debtor assumed a motor vehicle lease through his confirmed chapter 13 plan, and that the post-petition and post-confirmation breach of that lease should result in payment of an administrative expense claim of $12,477.19 arising from excess mileage on the vehicle. Debtor contends that GMAC refused to abide by a provision of the confirmed plan requiring Debtor to exercise the purchase option at the end of the lease term thro......read more.


Citation: 436 B.R. 476 | Docket No.: 19-60455
Status: Published | Citing: 20
Summary: 436 B.R. 476 (2010) In re Steven/Lisa SMITH, Debtor(s). BACKGROUND On January 19, 2010, the Debtors, Steve and Lisa Smith, filed a petition in this Court for relief under Chapter 7 of the United States Bankruptcy Code. This form implements the requirement of § 707(b)(2)(C), requiring a debtor to perform the `means test' calculation of § 707(b)(2) so as to determine if granting relief in the case should be presumed to be an abuse. At the Hearing, the Debtor, Steve Smith, testified that he would b......read more.


Citation: 193 B.R. 261 | Docket No.: 19-60420
Status: Published | Citing: 9
Summary: 193 B.R. 261 (1995) In re Mildred M. STUMP, Debtor. The plaintiffs, Mildred M. Stump and Rosanna M. Stump (Plaintiffs), each filed a memorandum in opposition to the IRS' briefs. I. FACTS Mildred M. Stump is married to James Michael Stump and has been his lawful wife at all times relevant to this matter. James Michael Stump, Charles C. Stump, Robert Stump and Leona M. Neff inherited two farms from their parents, Tom and Marie Stump, as tenants in common. [3] Previously, FNB and the Plaintiffs agr......read more.


Citation: 107 B.R. 139 | Docket No.: 19-11143
Status: Published | Citing: 10
Summary: 107 B.R. 139 (1989) In re Richard Allen EIKENBERG, Debtor. Loretta A. KUBICEK, Plaintiff, v. Richard Allen EIKENBERG, Defendant. I. Plaintiff Loretta A. Kubicek filed a complaint to determine the dischargeability of certain debts listed on the schedules of Richard Allen Eikenberg, her former husband and the Debtor herein. Debtor, however, points to the following sentence in paragraph 7 of the Agreement as denying Plaintiff the right to bring this proceeding: "In the event he [debtor] should file......read more.


Citation: 122 B.R. 979 | Docket No.: 19-30567
Status: Published | Citing: 11
Summary: 122 B.R. 979 (1990) In re CRESCENT MANUFACTURING COMPANY, Debtor. This matter came on for hearing upon Debtor's motion for extension of Debtor's exclusive time to obtain acceptance of plan, to which objections were filed by the Scarborough Group and the Unsecured Creditors' Committee and upon Debtor's application for employment of TGI Financial, Inc. as financial consultants and supplemental memorandum in support thereof to which objections were filed by Teachers Insurance and Annuity Associatio......read more.




Citation: 104 B.R. 830 | Docket No.: 19-60113
Status: Published | Citing: 47
Summary: 104 B.R. 830 (1989) In re James E. IMBODY and Peggy A. Imbody, Debtors. NATIONAL CITY BANK, MARION, Plaintiff, v. James E. IMBODY, et al., Defendant. At some time prior to May 21, 1980, the Plaintiff, BancOhio, which was then known as National City Bank of Marion, started to finance the farming operation of James E. Imbody and Peggy A. Imbody (hereinafter "the Imbodys"). The Imbody's were issued two (2) checks, one for Thirty-five Thousand Dollars ($35,000.00), and the second for One Hundred Tho......read more.