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Summary: 176 B.R. 797 (1994) In re PERRYSBURG MARKETPLACE COMPANY, Debtor. This matter is before the Court on Perrysburg Marketplace Company's (the "DIP") application to employ the law firm of Nathan & Roberts (the "Firm") as attorneys for the DIP (the "Application") and the United States Trustee's ("UST") objection thereto. See St. Angelo v. Sidco, Inc. (In re Sidco, Inc.), 173 B.R. 194 (E.D.Cal.1994) (affirming bankruptcy court order authorizing employment of attorney for debtor-in-possession in case w......read more.


Summary: 84 B.R. 474 (1988) In re K. Lowell RITCHEY and Darla L. Ritchey dba The Bake Shop, Debtors. United States Bankruptcy Court, N.D. Ohio, W.D. January 8, 1988. FACTS In June of 1985, David L. Parks entered into an agreement to sell his doughnut business to the Debtors, K. Lowell Ritchey and Darla Ritchey. In re Tirenational Corp., 47 B.R. 647, 650 (Bankr.N.D.Ohio 1985); In re Texstone Venture, Ltd., 54 B.R. 54, 56 (Bankr. Consequently, if this Court finds that the agreement between Mr. Parks and th......read more.


Summary: 406 B.R. 756 (2009) In re Fahkri JABER and Majdah Sulieman, Debtors. The debtors Fakhri Jaber and Majdah Sulieman[1] seek to avoid the judicial hen of State Farm Mutual Insurance Company and Tina Rose which encumbers the debtors' residence. On March 28, 2006, Defendant Jaber transferred by quit-claim deed to Debtor Sulieman, the subject property and said quit-claim deed is recorded as Instrument No. 200603280549 in the Cuyahoga County Recorder's Office. No payments have been made by Fakhri Jaber......read more.


Summary: 164 B.R. 588 (1994) In re Gary and Jill LEWIS, Debtors. Datha HILE, Plaintiff, v. Gary LEWIS, et al., Defendants. This cause comes before the Court upon Plaintiff's Motion for Partial Summary Judgment and Debtors' Response to Motion for Partial Summary Judgment. Gary Lewis signed a "Return Receipt" and retrieved the Board's Notice on May 16, 1991.


Summary: 389 B.R. 535 (2008) In re Gregory Ottice TUCKER, Debtor. This case is before the court on the United States Trustee's ("the UST") motion to dismiss Debtor's Chapter 7 case for abuse under 11 U.S.C. § 707(b)(1) and (3) [Doc. BACKGROUND Debtor Gregory Tucker is single with no dependents. Debtor's Schedule I shows gross monthly income of approximately $5,496, or $65,950 per year, and monthly income after payroll deductions in the amount of $3,316, which amount includes deductions of approximately $......read more.


Summary: 265 B.R. 908 (2001) In re Gary HODGE, Debtor. Shelly Hoening Bullock, Plaintiff, v. Gary Hodge, Defendant. With respect to this debt, the undisputed facts of this case show that: (1) the Defendant listed this debt in his bankruptcy petition which was filed on October 6, 2000; (2) after the Parties' divorce on March 11, 1998, the Defendant, for approximately a year and a half, made periodic payments on this debt; and (3) on January 23, 2001, a default judgment, in the amount of Eight Thousand Two......read more.


Summary: 43 B.R. 949 (1984) In re PESCE BAKING CO., INC., Debtor. This matter is before the court on the application of the debtor and debtor-in-possession, Pesce Baking Company, Inc., ("debtor") to reject, pursuant to 11 U.S.C. section 365(a), three executory contracts. Pesce Baking Co., Inc. filed a voluntary petition under Chapter 11 of the Bankruptcy Code with this court on March 30, 1984. In addition to Mr. Pesce, Sr. seven other family members are employed by the debtor. A copy of the debtor's Payr......read more.


Summary: 292 B.R. 832 (2003) In re CAMBRIDGE WOODBRIDGE APARTMENTS, L.L.C., Debtor. *833 *834 Andrew W. Suhar, Esq., Melissa M. Macejko, Esq., Youngstown, OH, for Cambridge Woodbridge Apartments, L.L.C. Mark A. Beatrice, Esq., Youngstown, OH, Christine M. Pierpont, Squire, Sanders & Dempsey. Cambridge Woodbridge Apartments, L.L.C. ("Debtor") opposes Old West's motion and seeks to retain possession and use of Cambridge Woodbridge Apartments ("Woodbridge"). Old West argued that Debtor's case was filed in b......read more.


Summary: 200 B.R. 160 (1996) In re Carlton Anthony WAGNER, Melinda Sue Wagner, Debtors. Carlton Anthony WAGNER, Melinda Sue Wagner, Plaintiffs, v. OHIO STUDENT LOAN COMMISSION, Toby L. Rosen, Trustee, Defendants. Before the court are cross motions for summary judgment filed by Ohio Student Aid Commission (OSAC), fka Ohio Student Loan Commission and the Chapter 13 trustee, Toby L. Rosen (Trustee), on behalf of the plaintiffs, Carlton Anthony and Melinda Sue Wagner (Debtors). The dispute is whether Debtors......read more.


Summary: 265 B.R. 878 (2001) In re Danelle A. DUPUIS, Debtor. In the above captioned adversary complaint, John J. Hunter, the duly appointed trustee of the Debtor's bankruptcy estate, seeks to recover certain preferential transfers made by the Debtor, Danelle A. Dupuis, to the Defendant, Geoffrey A. Dupuis. Contained in the Court's Entry of Divorce were the following provisions dealing with the disposition of the Parties' marital home: It is Further Ordered, Adjudged and Decreed that [Danelle A. Dupuis] ......read more.


Summary: 415 B.R. 303 (2009) In re Douglas/Christy JEREW, Debtor(s). FACTS On November 11, 2006, the Debtors, Douglas and Christy Jerew, filed a petition in this Court for relief under Chapter 7 of the United States Bankruptcy Code. This section provides, in pertinent part: Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an *306 exemption to which the debtor would......read more.


Summary: 270 B.R. 696 (2001) In re Cynthia SMITH, Debtor. The Plaintiff, Frederick A. Baker ("Baker"), filed the above-styled adversary proceeding to have the Court determine the dischargeability of a certain debt owed to him by the Debtor-Defendant Cynthia Smith. In September 1989, Baker hired the Debtor-Defendant Cynthia Smith (hereinafter Debtor), an attorney, to file a lawsuit on his behalf in the Cuyahoga County, Ohio Court of Common Pleas, alleging deprivation of constitutional rights, breach of an......read more.


Summary: 397 B.R. 866 (2008) In Re Tirrell BRENNEMAN/Kristian Brown, Debtor(s). (3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in subparagraph (A)(i) of such paragraph does not arise or is rebutted, the court shall consider — (A) whether the debtor filed the petition in bad faith; or (B) the totality of the circumstances... of the debtor's financial situation demonstrates abuse. FACTS The Debtors......read more.


Summary: 336 B.R. 320 (2005) In re Shah M. ALAM & Nuzhat M. Alam, Debtors. Shah M. Alam and Nuzhat M. Alam (the "Debtors") are debtors in this Chapter 7 case, which was commenced on August 17, 2004. On or about August 2, 2002, the Debtor filed a Complaint with the United States District Court for the Northern District of Ohio, Eastern Division, against CNA, entitled Shah M. Alam v. Continental Casualty Co. of Chicago, Illinois, Case Number 1:02CV 1521, in which he sought reinstatement of his long term di......read more.


Summary: 55 B.R. 144 (1985) In re Hyman R. SWOLSKY, dba King Odd Lot, King Liquidators & Swolsky Enterprises, Debtor-in-Possession. FACTS The Debtor, King Liquidators, is currently operating under Chapter 11 of the Bankruptcy Code.


Summary: 26 B.R. 821 (1983) In re Charles KIGGINS, Debtor. As part of the land contract, Debtor, Charles Kiggins, and Diane Kiggins represented that the mortgage to the United Savings & Loan Association, dated May 1, 1978, incumbering the aforesaid real property, was in good standing and had a principal balance due not in excess of Forty-two Thousand Dollars ($42,000.00). As a result of the sale, the Debtor, Charles Kiggins, and Diane Kiggins received the approximate sums of Nine Thousand Two Hundred Nin......read more.


Summary: 171 B.R. 49 (1994) In re Gerald J. PIASECKI, Debtor. Joanne WISNIEWSKI, Plaintiff, v. Gerald J. PIASECKI, Defendant. (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title *51 does not discharge an individual debtor from any debt- (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made i......read more.


Summary: 236 B.R. 238 (1999) In re BN1 TELECOMMUNICATIONS, INC., Debtor in Possession. Lomaz further contends that BN1 is not entitled to a judgment against Lomaz[3] in the amount entered because BN1's invoices were in error regarding the billing rate, an agent of BN1 had agreed to adjust the bills and Lomaz is entitled to an offset for commissions that are due to him from BN1. Nevertheless, in light of the strong preference for trial on the merits, and despite Lomaz' failure to serve counsel for BN1 wit......read more.


Summary: 110 B.R. 300 (1990) In re Paul A. LUNDY and Theresa M. Lundy, Debtors. This opinion is occasioned by the Debtors' motion to reinstate the automatic stay filed with this Court on February 7, 1989 to prevent Federal National Mortgage Association ("FNMA") from foreclosing its mortgage on a house formerly owned by the Debtors at 928 Selwyn Road, Cleveland Heights, Ohio (the "Property"). Following entry of the order lifting the stay, FNMA initiated a foreclosure action against the Debtors in respect ......read more.


Summary: 4 B.R. 547 (1980) In re Floyd Henry HITE, Bankrupt. In support of its claim, the Bank presented a promissory note payable to Union State Bank, Payne, Ohio, in the amount of $19,475.00 plus interest, signed by Floyd Hite on December 4, 1975. A second note, identical to the first note, with "SECURED NOTE" stamped in the same place, identifies a 13-foot chisel plow as collateral security for payment of an $1,850.00 obligation due Union State Bank by Floyd Hite. It is the position of the Bank that t......read more.