Russ Harry Kendig

How Judge Kendig rules, drawn from 22 signed orders. Every observation links to the order it came from.

Judge Kendig no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Northern District of Ohio
Position
bankruptcy
Status
Retired 2022
Served
2001–2022
Commissioned
2001-02-28
Education
Northwestern University, B.S., 1980; The Ohio State University, J.D., 1984
Signed orders read
22

How Judge Kendig decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A confirmed plan's payment terms remained binding until a feasible prospective modification was supported.

“As a general rule, the court finds that modifications should be prospective, not retrospective.”

Procedural preferences

A state default judgment did not establish nondischargeable fraud when it contained only conclusions and no findings showing actual litigation.

“The default judgment contained only a legal conclusion and no findings of fact or explanation.”

Cautions

A flat buyer's premium could not substitute for proof of actual and necessary auction expenses.

“It does not authorize a flat fee for expenses.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Lewis v. Johnson & Wales University et al.
19-06059 · 2021-08-05
Motion to seal exhibits (Plaintiff) Denied

“An order denying the motion to seal exhibits will be denied by a separate order to issue immediately.”

In re Richard Kelly Leedy
21-60338 · 2021-08-13
Application to employ auctioneer (Chapter 7 Trustee) Denied

“For the reasons stated above, Kiko has not met its burden and the court will not approve the terms set forth in the application to employ.”

Swearingen v. Templar Companies, LLC
21-06017 · 2021-08-13
Motion to dismiss adversary complaint (Templar Companies, LLC) Granted

“A separate order granting Debtor’s motion to dismiss will be issued immediately.”

Lewis v. Johnson & Wales University et al.
19-06059 · 2021-09-27
Motion for summary judgment on student loan dischargeability (United States Department of Education) Granted in part

“The court will grant Defendant’s motion for summary judgment, in part, finding that Defendant is entitled to a judgment that a portion of the debt is nondischargeable. The motion is denied to the extent it seeks nondischargeability of the entire debt.”

Casey et al. v. Simmons
20-06034 · 2021-10-05
Motion for summary judgment on nondischargeability (Plaintiffs) Denied

“Plaintiffs’ motion is denied, and an order will be entered immediately.”

In re Samuel L. Yeater and Marjorie L. Yeater
21-60861 · 2021-10-07
Application to employ auctioneer (Debtors) Denied

“The court will not approve the terms set forth in the application to employ.”

Lewis v. Johnson & Wales University et al.
19-06059 · 2021-10-19
Amended motion for summary judgment on student loan dischargeability (National Collegiate Student Loan Trusts) Granted

“The court will immediately enter an order granting Defendants’ amended motion for summary judgment and dismissing Debtor’s complaint.”

In re Ann M. Gerling
21-61052 · 2021-10-27
Application to employ realtor and auctioneer (Chapter 7 Trustee) Denied

“For the reasons set forth above, the court will not approve the terms set forth in the application to employ.”

Crooms et al. v. Pasco
21-06007 · 2021-11-10
Motion for summary judgment on nondischargeability (Plaintiffs) Granted in part

“Accordingly, Plaintiffs’ motion is granted in part and denied in part, and an order will be entered immediately.”

In re Richard W. Varner
14-61103 · 2021-11-15
Motion to reopen bankruptcy case (Debtor) Denied

“The court will deny the motion to reopen by separate order to be issued in conjunction with this opinion.”

In re Jamie L. Isley
21-60889 · 2021-12-07
Objection to claimed exemption (Chapter 7 Trustee) Denied

“Accordingly, Trustee’s objection is overruled, and an order will be entered immediately.”

In re Heritage Christian Schools of Ohio, Inc.
21-60124 · 2022-02-14
Objection to proof of claim (Debtor) Granted

“Accordingly, Debtor’s objection is sustained and only the $500,000 relating to the mortgages on Debtor’s real property should be recognized as secured debt, with the remaining $140,989.65 as unsecured debt.”

Caseload & timing

From public federal docket records for this judge.

No motion-timing estimate is reported because the sampled matters contained no archived docket entries.

A historical record

Judge Kendig no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.