Bash v. Cochran et al
| Brian A. Bash |
| James F. Cochran and Susan J. Cochran |
| 5:2012cv00988 |
| April 20, 2012 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Bankruptcy Withdrawl |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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| Filing 27 Certificate of Judgment for Registration in Another District issued. (Related document(s) #20 , #26 ) (S,S) |
| Filing 26 Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-7610715 filed by Brian A. Bash. (Attachments: #1 Appendix)(Mausar, Donald) |
| Filing 25 Certificate of Judgment for Registration in Another District issued electronically to counsel on 6/28/2013 as to Defendants in the amount of $5,739,386.38. Related document(s) #20 . (B,B) |
| Filing 24 Amended Praecipe for issuance of Certificate of Judgment for Registration in a Different Court. filed by Brian A. Bash. Related document(s) #23 . (Attachments: #1 Exhibit A - Clerk's Certification of Judgment)(Osburn, Alexis) |
| Filing 23 Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-6044180 filed by Brian A. Bash. (Attachments: #1 Exhibit A - Judgment Entry)(Osburn, Alexis) |
| Filing 22 Returned Mail addressed to Susan J. Cochran. Marked "Return to Sender. Not deliverable as addressed. Unable to forward." Related document #20 . (K,K) |
| Filing 21 Returned Mail addressed to James F. Cochran. Marked "Return to Sender. Not deliverable as addressed. Unable to forward." Related document #20 . (K,K) |
| Filing 20 Judgment Entry: This Court hereby ACCEPTS the Report and Recommendation in Support of Entry of Default and hereby enters judgment as follows: a) On Count III of the Amended Complaint: The Court hereby finds that Defendants are in default of the HSE Note Guaranty that is the subject of the Amended Complaint; and b) On Count III of the Amended Complaint: The Court hereby enters judgment in favor of the Trustee and against the Defendants for the amount of $167,871.68, inclusive of $144,145.54 in principal and $13,982.83 in interest accrued by the Debtor as reflected on its books and records, $3,174.21 in non-default rate interest, $30,065.81 in HSE Note Default Rate interest, and $1,503.29 in HSE Note Late Fees, and account for the $25,000 settlement payment made by HSE; and c) On Counts IV and V of the Amended Complaint: the Court hereby finds that the Cochran CLST Transfer that is the subject of the Amended Complaint is avoidable as a fraudulent transfer under 11 U.S.C. 548, 550 and 551; and d) On Counts VI and VII of the Amended Complaint: the Court hereby finds that the Cochran CLST Transfer that is the subject of the Amended Complaint is avoidable as a fraudulent transfer under 11 U.S.C. 544, 550 and 551, Ohio's Uniform Fraudulent Transfer Act (Ohio Revised Code 1336.01, et seq.), Indiana's Uniform Fraudulent Transfer Act (Indiana Code 32-18-2-1, et seq.), and the Federal Debt Collection Procedure Act (28 U.S.C. 3301, et seq); and e) On Counts IV, V, VI and VII of the Amended Complaint: the Court hereby enters judgment in favor of the Trustee and against Cochran in the amount of $108,000.08; and f) On Counts VIII and IX of the Amended Complaint: the Court hereby finds that the Two Year Fair Transfers that are the subject of the Amended Complaint are avoidable fraudulent transfers under 11 U.S.C. 548, 550 and 551; and g) On Counts X and XI of the Amended Complaint: the Court hereby finds that the Fair Transfers that are the subject of the Amended Complaint are avoidable as fraudulent transfers under 11 U.S.C. 544, 550 and 551, Ohio's Uniform Fraudulent Transfer Act (Ohio Revised Code 1336.01, et seq.), Indiana's Uniform Fraudulent Transfer Act (Indiana Code 32-18-2-1, et seq.), and the Federal Debt Collection Procedure Act (28 U.S.C. 3301, et seq); and h) On Counts VIII, IX, X, and XI of the Amended Complaint: the Court hereby enters judgment in favor of the Trustee and against Defendant in the total amount of $3,740,826.26; and i) On Counts XII and XIII of the Amended Complaint: the Court hereby finds that the Fair Holdings/DCI Transfers that are the subject of the Amended Complaint are avoidable fraudulent transfer under Ohio's Uniform Fraudulent Transfer Act (Ohio Revised Code 1336.01, et seq.) and Indiana's Uniform Fraudulent Transfer Act (Indiana Code 32-18-2-1, et seq.); and j) On Counts XII and XIII of the Amended Complaint: the Court hereby enters judgment in favor of the Trustee and against Defendant in the total amount of $5,739,386.38. k) On all Counts, post-judgment interest on the judgment is hereby awarded as specified in 28 U.S.C. 1961. Judge Patricia A. Gaughan on 5/28/13. (LC,S) re #19 |
| Copy of #20 mailed to James F. Cochran and Susan J. Cochran at 13483 Marjac Way, McCordsvile, IN 46055 on 5/28/13. (LC,S) |
| Filing 19 Report and Recommendation in support of #18 Amended Motion for a Report and Recommendation Recommending Entry of a Default Judgment Without a Hearing filed by Brian A. Bash Objections to R&R due by 5/17/2013. Honorable Marilyn Shea-Stonum on 05/03/13. (R,M) |
| Filing 18 Amended Motion for a Report and Recommendation Recommending Entry of a Default Judgment Without a Hearing filed by Movant Brian A. Bash. Related document(s) #16 . (Attachments: #1 Exhibit A - Amended Judgment Against Cochran, #2 Exhibit B - Declaration of Howard L. Klein, #3 Exhibit C - Proposed Report and Recommendation)(Osburn, Alexis) |
| Notice [Status conference held - motion for default pending] (K,M) |
| Filing 17 Notice of Filing of Corrected Exhibit B with Respect to Plaintiff's Motion for a Report and Recommendation Recommending Entry of Default Judgment Without a Hearing filed by Brian A. Bash. (Attachments: #1 Exhibit B - Declaration of Howard L. Klein)Related document(s) #16 .(Osburn, Alexis) |
| Filing 16 Motion for a Report and Recommendation recommending entry of default judgment without a hearing filed by Movant Brian A. Bash. (Attachments: #1 Exhibit A - Amended Judgment against Cochran, #2 Exhibit B - Declaration of Howard Klein, #3 Exhibit C - Proposed Report and Recommendation)(Osburn, Alexis) Modified text on 1/24/2013 (B,B). |
| Status Conference set for 1/30/2013 at 02:00 PM before Honorable Marilyn Shea-Stonum. (K,M) |
| Set Deadlines and Hearings Related document(s) #15 ; Hearing held and nothing further scheduled pending ruling on motion to dismiss the Textron case 5:12-cv-00987 (12-5101).. (R,M) |
Filing 15
Order Setting Status Conference re #8 Motion to consolidate cases filed by Brian A. Bash Status Conference set for 7/9/2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum; 06/20/12 - Plaintiff's counsel to file amended motion to consolidate; 06/27/12 - Amended response to be filed... Honorable Marilyn Shea-Stonum on 06/18/12. (R,M)
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| Filing 14 Omnibus Notice of Status Conference filed by Brian A. Bash. (Proano, David) |
| Filing 13 Clerk's Default Entered on 06/07/12 against James F. Cochran & Susan J. Cochran. Kenneth J. Hirz, Clerk by Marie Randolph, Deputy Clerk. Related document(s) #12 . (R,M)(James F. Cochran & Susan J. Cochran served via USMS) |
| Filing 12 Request for Entry of Default and Declaration in Support of Entry of Default filed by Brian A. Bash. (Attachments: #1 Exhibit A - Declaration of Alexis C. Osburn) (Osburn, Alexis) |
| Filing 11 Request for Entry of Default and Declaration in Support of Entry of Default filed by Brian A. Bash. (Osburn, Alexis) |
| Status Conference set for 6/15/2012 at 01:15 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #8 . (K,M) |
| Filing 10 Omnibus Notice of Status Conference filed by Brian A. Bash. Related document(s) #9 .(Proano, David) |
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Filing 9
Order setting Telephone Conference regarding plaintiff's motion #8 to consolidate set for 5/15/2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum; Plaintiff is directed to make arrangements for the conference call and file those instructions by 05/14/12 at 12:00 pm.. Honorable Marilyn Shea-Stonum on 05/10/12. (R,M)
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| Filing 7 Notice of Appearance filed by Brian A. Bash. (Douthett, Breaden) |
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Filing 6
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Marilyn Shea-Stonum for pretrial supervision. Judge Shea-Stonum shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan on 4/30/12. (LC,S)
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| Filing 5 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David) |
| Miscellaneous case information copied to civil case. (S,He) |
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Filing 4
Order: The Motion for Withdrawal of Reference (Bankruptcy) filed by Movant Brian A. Bash (ECF #1 ) is UNOPPOSED and GRANTED. Judge Patricia A. Gaughan on 4/19/12. (LC,S)
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Filing 3
Order of Reassignment signed by Judge James S. Gwin and Judge Patricia A. Gaughan on 3/30/12. This case is returned to the Clerk for reassignment to Judge Patricia A. Gaughan for all further proceedings. (M,G)
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| Judge Patricia A. Gaughan assigned to case. Judge James S. Gwin terminated. (C,B) |
| Filing 2 Motion for the Entry of an Order (A) Transferring Consideration of Related Motions to Withdraw the Reference to a Single District Court Judge and (B) Directing the Clerk to Assign All Future Related Motions to Withdraw the Reference to a Single District Court Judge filed by Movant Brian A. Bash. (Attachments: #1 Exhibit 1 - Motion to Consolidate, #2 Exhibit 2 - Withdrawal Motion, #3 Exhibit 3 - SDNY Amended Standing Order)(Hutchinson, Joseph) |
| Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Movant Brian A. Bash. (Attachments: #1 Exhibit A - Rule 42(a) Motion, #2 Exhibit B - Motions to Withdraw the Reference, #3 Exhibit C - SDNY Amended Standing Order and Adelphia Decision, #4 Exhibit D - Proposed Order, #5 USBC Docket Sheet, Adversary Proceedings Case 12-5098, #6 USBC Docket Sheet, Bankruptcy Case 10-50494, #7 Transmittal Letter)(M,TL) |
| Filing 8 Motion Pursuant to Bankruptcy Rule 7042 and Civil Rule 42(a), for Consolidation of Adversary Proceedings for Determination of Common Issues of Law and Fact and for Entry of an Order Scheduling a Case Management Conference for Such Proceeding filed by Movant Brian A. Bash. (P, S) |
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