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In re Jurist

United States Bankruptcy Court, S.D. Ohio, Eastern Division
Apr 3, 2003
293 B.R. 169 (Bankr. S.D. Ohio 2003)

Summary

assessing the financial strength of the newly formed assignee's guarantors

Summary of this case from MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.)

Opinion

Case No. 98-56407, SSN: 277-44-4552, SSN: 271-42-7901

April 3, 2003

Frank M. Pees, Trustee, Worthington, OH, Chapter 13 Trustee.

Jeffrey W. Farkas, Columbus, OH, for Debtors.


ORDER ON TRUSTEE'S MOTION TO DEEM MORTGAGE CURRENT


This matter comes before the Court upon the motion of the Chapter 13 Trustee for an order deeming the mortgage obligation of the Debtors to Washington Mutual Home Loans current as of the date of such order. Upon review of the case file, the Court cannot determine that Washington Mutual Home Loans is the mortgage holder for the Debtors' residence. No proof of claim by Washington Mutual Home Loans appears in the Court file and Washington Mutual Home Loans is not listed in the schedules as holding a mortgage on Debtors' residence.

Based upon the foregoing, the Court cannot determine Washington Mutual Home Loans' relationship to Debtors' case or determine whether the party affected by the proposed relief received proper notice and an opportunity to object. Therefore, the Chapter 13 Trustee's motion to deem the mortgage current is denied without prejudice.

IT IS SO ORDERED.


Summaries of

In re Jurist

United States Bankruptcy Court, S.D. Ohio, Eastern Division
Apr 3, 2003
293 B.R. 169 (Bankr. S.D. Ohio 2003)

assessing the financial strength of the newly formed assignee's guarantors

Summary of this case from MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.)

considering cashflow analysis for store; guaranty from assignee's parent company; and financial statements for the debtors, the proposed subtenant, and assignee's parent companies where assignee was a new entity with no operating history or financial record

Summary of this case from MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.)
Case details for

In re Jurist

Case Details

Full title:In re William Jurist, Erena Jurist, Chapter 13 Debtors

Court:United States Bankruptcy Court, S.D. Ohio, Eastern Division

Date published: Apr 3, 2003

Citations

293 B.R. 169 (Bankr. S.D. Ohio 2003)

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