Wehrle-Einhorn et al v. Shepherd et al

UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
In re: 	DEBORAH L. SHEPHERD ,
Debtor
Case No. 	06-30924
Adv. No. 	06-3233
ROBERT J. W EHRLE-EINHORN
JUANITA L. W EHRLE-EINHORN,
Plaintiffs
v.
DEAN S HEPHERD,
Defendant
Judge Waldron
Chapter 7
DECISION ON ORDER DISMISSING
ADVERSARY
DATED AT DAYTON, OHIO this 10th Day of April, 2007:
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: April 10, 2007
____________________________________________________________
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Although this adversary proceeding has a somewhat complicated procedural
history, at this point, there is no justiciable issue remaining for determination by the
court and, accordingly, dismissal of this adversary is appropriate.
This adversary was originally commenced during the Debtors’ chapter 13 case
and following various filings by the parties, the court entered a Decision Granting In
Part, Denying In Part, Motion Of Defendants To Dismiss Complaint (Doc. 14) and an
accompanying 	Order 	On 	Decision 	Granting 	In 	Part, 	Denying 	In 	Part, 	Motion 	Of
Defendants To Dismiss Complaint (Doc. 15). 	Thereafter, the court entered a Decision
Denying Motion Of Plaintiffs For Reconsideration Of Decision Granting Motion To
Dismiss As To Deborah L. Shepherd (Doc. 26) and accompanying Order On Decision
Denying Motion Of Plaintiffs For Reconsideration Of Decision Granting Motion To
Dismiss As To Deborah L. Shepherd (Doc. 27).
At that point the Debtor-Defendant, Deborah L. Shepherd, was no longer a part
of this adversary proceeding and the only remaining Defendant was the Debtor-
Defendant, Dean Shepherd. The Court then conducted a pretrial conference and
entered an Order: Granting Motion To Convert Chapter 13 Case To Chapter 7 Case,
Fixing Filing Dates, Entering Determinations Pursuant To 28 U.S.C. § 157 And 28
U.S.C. § 1334, Fixing Discovery Cut-Off date, And Requiring Presentation Of Agreed
Order Or Written Status Report (Doc. 23).
This Order (Doc. 23) was premised on the Dean Shepherd remaining a debtor in
the converted chapter 7 case; however, on January 24, 2007, in the estate case, the
court entered an Agreed Order Dismissing Co-Debtor Dean Shepherd From Case
(Estate Case No. 06-30924 – Doc. 70). This intervening Agreed Order Dismissing Co-
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Debtor Dean Shepherd From Case (Estate Case No. 06-30924 – Doc. 70) leaves no
Debtor-Defendant in this adversary proceeding.
Accordingly, this adversary proceeding is DISMISSED and all requirements in
the court’s prior Order (Doc. 23) are deemed MOOT. 	An order in accordance with this
decision is simultaneously entered.
SO ORDERED.
c:
Robert J. Wehrle-Einhorn and Juanita L. Wehrle-Einhorn, 1554 Benson Drive, Dayton,
Ohio 45406 (Plaintiffs)
Deborah L. Shepherd, 1102 Patterson Road, Dayton, Ohio 45420 (Debtor)
Dean Shepherd, 1102 Patterson Road, Dayton, Ohio 45420
Jerry A. Meadows, Esq., 580 Lincoln Park Boulevard, Suite 244, Dayton, Ohio 45429
(Atty. for the Debtor, Deborah L. Shepherd)
Ruth A. Slone, Esq., 22 Brown Street, Post Office Box 3340, Dayton, Ohio 45401-3340
(Chapter 7 Trustee)
Office of the United States Trustee, 170 North High Street, Suite 200, Columbus, Ohio
43215
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Case 3:06-ap-03233 Doc 30 Filed 04/10/07 Entered 04/11/07 09:58:31 Desc Main
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