Alan M. Koschik

“The Court will enter a separate order, consistent with this Memorandum Decision, denying the Application without prejudice.”

“The Court will enter a separate form of judgment granting the Motion for Summary Judgment consistent with this Memorandum Decision.”

“In light of the foregoing, the Trustee's Amended Objection to Debtor's Claim of Exemption will be overruled.”

“The Court will enter a separate form of judgment granting summary judgment in favor of the Defendant consistent with this Memorandum Decision.”

“The Creditor’s Objection to Confirmation of Plan [docket # 15] is overruled and the Debtor’s Objection to Claim [docket # 26] is sustained.”

“For the reasons set forth above, the Rooker-Feldman doctrine does not apply to the state court’s finding that the automatic stay did not apply and, therefore, the Defendant’s Motion to Dismiss for lack of subject-matter jurisdiction pursuant to Civil Rule 12(b)(1) must be denied. However, the Court concludes on the merits that the Defendants have thus far only taken actions that are excepted from the automatic stay by operation of 11 U.S.C. § 362(b)(4), and that exception to the automatic stay further allows the Defendants to proceed to fix the value of the damages owed for the conduct of the Debt- or and his company in that proceeding. While it might have been advisable to come to this Court first to confirm the exception from the automatic stay before proceeding, the Defendants were not obligated to do so. Furthermore, to the extent that the default judgment is nonmonetary, it may be enforced notwithstanding the automatic stay against both the Debtor and his company; to the extent that it is monetary, it may not be enforced against the Debtor personally. Because there was no violation of the automatic stay at all, there was no willful violation giving rise to a claim for damages pursuant to 11 U.S.C. § 362(k). Therefore, the Motion to Dismiss for failure to state a *278claim pursuant to Civil Rule 12(b)(6) will be granted.”

“In light of the foregoing, the Court will enter a separate order consistent with this Memorandum Decision granting the Motion for Relief from Stay (Docket No. 79).”

“For these reasons, the Trustee's Motion for Summary Judgment will be denied, and the Defendant's Motions for Summary Judgment will be granted.”

“The Court will enter a separate order denying Navient’s Motion to Dismiss con-sistent with this Memorandum Decision.”

“The Court will enter a separate form of judgment granting the United States’ motion for partial summary judgment and denying the Trustee’s motion for summary judgment.”

“The Court will enter a separate form of judgment granting summary judgment in favor of the United States and the Debtor consistent with this Memorandum Decision, granting their respective motions for summary judgment, and denying the Trustee’s Motion.”

The court withheld a final order while allowing revision of a proposed employee-retention plan, so the interim memorandum is excluded from motion statistics.