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IN RE HENKEL

Bankruptcy No. 11-15578. Adversary No. 11-01215.

490 B.R. 759 (2013)

In re Daniel W. HENKEL, Debtor. Nicholas Yust, Plaintiff v. Daniel W. Henkel, Defendant. Daniel W. Henkel, Counter-Claimant v. Nicholas Yust, Counter-Defendant.

United States Bankruptcy Court, S.D. Ohio, Western Division.

April 19, 2013.

Attorney(s) appearing for the Case

Stacy A. Cole , Jeffrey Joseph Hanneken , Zachary D. Prendergast , Graydon Head & Ritchey LLP, Cincinnati, OH, Plaintiff/Counter-Defendant.

Reuel D. Ash , Ulmer & Berne, LLP, Cincinnati, OH, for Defendant, Counter-Claimant.

MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

Prior to the petition date, the creditor obtained a default judgment in state court against the debtor's company for breach of contract and against the debtor and his company for fraud related to a construction contract. The debtor appealed the entry of the default judgment to the state appellate...

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