Alexander et al v. Mortgage Electronic Registration Systems, Inc.

UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
In re: 	RICHARD ALEXANDER
ALICIA HALL ,
Debtors
Case No. 	03-38875
Adv. No. 	05-3141
RICHARD ALEXANDER
ALICIA HALL ,
Plaintiffs
v.
I RWIN HOME EQUITY, ET AL .,
Defendants
Judge Waldron
Chapter 13
ORDER DENYING MOTION FOR
SUMMARY JUDGMENT
DATED AT DAYTON, OHIO this 17th Day of May, 2005:
Counsel for the Debtor recently filed a Motion For Summary Judgment (Doc. 13)
in this pending adversary, which seeks to avoid a mortgage as wholly unsecured.
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: May 17, 2005
____________________________________________________________
Case 3:05-ap-03141 Doc 14 Filed 05/17/05 Entered 05/18/05 08:54:20 Desc Main
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The Court notes that this Motion (Doc. 13) was not accompanied by any
memorandum [See LBR 9013-1(a)], nor any affidavits, documents or any other filings
contemplated by Federal Rule of Bankruptcy Procedure 7056. Although motions for
summary judgment, with or without supporting affidavits and other documents, provide
the opportunity for an expedited determination of some, or all, of the issues in a case or
proceeding, appropriate attention must be paid to any such filing.
Additionally, although the Motion For Summary Judgment (Doc. 13) refers to an
appraisal which “is a matter of record with this Court” the Plaintiff’s complaint (Doc. 1)
neither attached such an appraisal, nor identified where such an appraisal exists in the
“record of this Court.”
Most significantly, without regard to whether such an appraisal exists in the Court
records, the Defendant’s answer (Doc. 10) denies the Plaintiff’s essential allegations
concerning the value of the real property and the existing liens, and, at this stage, would
require an evidentiary hearing
The Court suggests that counsel for the Debtor consider any such future filings
more carefully to avoid the Court’s scrutiny of such filings in connection with Federal
Rule of Bankruptcy Procedure 9011.
Accordingly, the Motion For Summary Judgment (Doc. 13) is DENIED.
SO ORDERED.
c:
Richard R. Alexander and Alicia D. Hall, 622 Hollyhock Court, Trenton, Ohio 45067
(Plaintiffs)
Lester R. Thompson, Esq., 1340 Woodman Drive, Dayton, Ohio 45432 (Atty. for the
Debtors/Plaintiffs)
Edward A. Bailey, Esq., PO Box 968, Twinsburg, Ohio 44087 (Atty. for Mortgage
Electronic Registration Systems)
Jeffrey M. Kellner, Esq., (Chapter 13 Trustee), Scott G. Stout, Esq., (Staff Attorney for
the Chapter 13 Office), 131 North Ludlow Street, Suite 900, Dayton, Ohio 45402
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Case 3:05-ap-03141 Doc 14 Filed 05/17/05 Entered 05/18/05 08:54:20 Desc Main
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