Lampe v. Kash, et al, No. 1:2003cv00162 - Document 79 (S.D. Ohio 2012)
Court Description: OPINION AND ORDER denying 77 Amended Motion to Revive a Dormant Judgment. Signed by Judge S Arthur Spiegel on 11/7/2012. (km1)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION STEPHANIE LAMPE, : : : : : : : : : : : Plaintiff, v. KIRK KASH, et al., Defendants. NO. 1:03-CV-00162 OPINION & ORDER This matter is before the Court on Plaintiff s Amended Motion to Revive a Dormant Judgment (doc. 77) and Defendant s response thereto Defendant was (doc. entered $25,000 (doc. 71). 78). on In August brief, 17, 2004 judgment in the against amount of According to Plaintiff s motion, Defendant has never paid any amount of that judgment (doc. 77). Defendant argues that Plaintiff s motion should be denied with prejudice because he filed for Chapter 7 bankruptcy on February 17, 2012 and listed Plaintiff as a creditor in that filing (doc. 78). Plaintiff failed to make an objection or otherwise appear during the bankruptcy proceeding, and Defendant was granted a discharged on May 30, 2012 under 11 U.S.C. §727 (Id.). The Court 2012 bankruptcy. has reviewed the docket from Defendant s Plaintiff was indeed listed as creditor, care -1- of her attorney of record. attorney appearing challenging the at the discharge 1 There is no record of her or her meeting of of debt the creditors owed or her. otherwise Instead, Defendant s debts were discharged in bankruptcy, including his debt to Plaintiff, and Plaintiff s motion before this Court must therefore be, and hereby is, denied. SO ORDERED. Dated: November 7, 2012 /s/ S. Arthur Spiegel S. Arthur Spiegel United States Senior District Judge 1 Had she challenged the discharge of the debt as, for example, being a debt for willful and malicious injury, she might have been successful since such debts are excepted from discharge. See 11 U.S.C. §523(a)(6). -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
