Legal Opinion
In re Humbert
United States Bankruptcy Court, N.D. Ohio
Decided February 16, 2017No. Case No. 16-10148PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF OPINION1
ARTHUR I. HARRIS, UNITED STATES BANKRUPTCY JUDGE
In this Chapter 7 case, the debtor, George S. Humbert, seeks a determination that a creditor and former landlord, Welcome Home of Northeast Ohio, LLC, is willfully violating the discharge injunction by pursuing a claim in state court against the debtor for postpetition rent. For the reasons that follow, the Court agrees and holds that the creditor’s action for postpe-tition rent constitutes a violation of the discharge injunction. In addition, absent a stay of this order pending postjudgment relief or appeal, the Court…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Ralph M. Cox, on Behalf of Himself and Others Similarly Situated v. Zale Delaware, Inc.Court of Appeals for the Seventh Circuit · 2001
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3Cited by3 opinions
- Alberto Rodriguez and Tressa Margaret RodriguezUnited States Bankruptcy Court, D. Oregon · 2024
- Andrew R. Laudato and Paola G. LaudatoUnited States Bankruptcy Court, N.D. Ohio · 2019
- Blaney v. PerdueOhio Court of Appeals · 2019