Bonetta v. Motil
Adversary Proceeding
Lead BK case is: 1:22-bk-10571
Lead BK case is: 1:22-bk-10571
| Ohio Northern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Arthur I Harris |
| Case #: | 1:22-ap-01043 |
| Nature of Suit | 65 Bankruptcy - Dischargeability - other 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | May 27, 2022 |
| Terminated: | Sep 22, 2023 |
| Last checked: never |
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Defendant
Matthew M. Motil, Defendant
7011 Chadbourne Drive
North Olmsted, OH 44070 |
Represented By
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Plaintiff
Brian Bonetta, Plaintiff
2108 Palomino Drive
Chandler, AZ 85224 |
Represented By
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| Docket last updated: 09/20/2024 1:09 PM EDT |
| Saturday, October 14, 2023 | ||
| 23 | 23
BNC
Notice of Order to Dismiss Case
Sun 10/15 12:10 AM
Notice of Order on Motion to Dismiss Case w/ BNC Certificate of Mailing Notice Date 10/14/2023. (Admin.) |
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| Wednesday, October 11, 2023 | ||
| 22 | 22
order
Dismissing Case (PDF)
Thu 10/12 9:43 AM
Order Dismissing Case as moot and without prejudice Signed on 10/11/2023 . (mgaug crt) |
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| Friday, September 22, 2023 | ||
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court
Close Adversary Case
Fri 09/22 5:11 PM
Adversary Case 1:22-ap-1043 Closed (mgaug) |
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| Wednesday, August 02, 2023 | ||
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court
Hearing Not Held - CHAP ADI
Wed 08/02 1:39 PM
Hearing Not Held CONCLUDED;DISMISSED AS MOOT (mr) |
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| Sunday, June 18, 2023 | ||
| 21 | 21
BNC
Notice of Order to Set Hearing (PDF)
Mon 06/19 12:15 AM
Notice of Order to Set Hearing Notice Date 06/18/2023. (Admin.) |
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| Thursday, June 15, 2023 | ||
| 20 | 20
order
Set Hearing (PDF)
Fri 06/16 12:35 PM
Order to Set Hearing Signed on 6/15/2023 . Hearing scheduled for 8/2/2023 at 11:00 AM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (mgaug crt) |
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| Tuesday, June 13, 2023 | ||
| 19 | 19
misc
Notice of Change of Address
Tue 06/13 9:31 AM
Notice of Change of Address Filed by Plaintiff Brian Bonetta . (ngrif crt) |
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| Thursday, April 27, 2023 | ||
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court
Hearing Not Held - CHAP ADI
Thu 04/27 9:03 AM
Hearing Not Held (mr) Modified on 4/27/2023 (mrive) |
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| Tuesday, April 11, 2023 | ||
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court
Hearing Not Held - CHAP ADI
Tue 04/11 2:14 PM
Hearing Not Held -- MOOT -- (jl) |
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| Sunday, April 02, 2023 | ||
| 18 | 18
BNC
Notice of Order (PDF)
Mon 04/03 12:12 AM
Notice of Order (PDF) w/ BNC Certificate of Mailing Notice Date 04/02/2023. (Admin.) |
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| Wednesday, March 29, 2023 | ||
| 17 | 17
2
pgs
order
Order (PDF)
Fri 03/31 7:30 AM
Order Continuing Trial Signed on 3/29/2023 . (mgaug crt) |
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| Monday, March 13, 2023 | ||
| 16 | 16
4
pgs
misc
Memorandum in Opposition to
Mon 03/13 5:06 PM
Memorandum in Opposition to Plaintiff's Motion to Continue Trial Filed by Matthew M. Motil . (Coffey, Thomas aty) |
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| Friday, February 24, 2023 | ||
| 15 | 15
notice
Notice of Hearing
Fri 02/24 10:42 AM
Notice of Hearing to Continue Trial Filed by Brian Bonetta . Hearing scheduled for 4/11/2023 at 10:00 AM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (Cavell, Hunter aty) |
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| 14 | 14
court
Notice of Filing Deficiency
Fri 02/24 10:38 AM
Notice of Filing Deficiency to Hunter Cavell. Notice Filed Under Wrong ECF Code. Please Resubmit Under Correct ECF Code so That the Hearing Information Will be Populated in ECF. (jlund) |
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| 13 | 13
notice
Notice (PDF)
Fri 02/24 10:34 AM
Notice of Motion to Continue Trial Filed by Brian Bonetta. (Cavell, Hunter aty) |
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| 12 | 12
motion
Generic Motion
Fri 02/24 10:33 AM
Motion to Continue Trial Filed by Brian Bonetta (Cavell, Hunter aty) |
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| Thursday, January 19, 2023 | ||
| 11 | 11
notice
Notice (PDF)
Thu 01/19 5:07 PM
Notice of Deposition of Plaintiff Brian Bonetta Filed by Matthew M. Motil. (Coffey, Thomas aty) |
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| Wednesday, December 28, 2022 | ||
| 10 | 10
notice
Notice (PDF)
Wed 12/28 11:14 PM
Notice (Notice of Service of Defendant's First Discovery Requests to Plaintiff) Filed by Matthew M. Motil. (Coffey, Thomas aty) |
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| Sunday, October 09, 2022 | ||
| 9 | 9
BNC
Notice of Scheduling Order
Mon 10/10 12:09 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 10/09/2022. (Admin.) |
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| Thursday, October 06, 2022 | ||
| 8 | 8
order
Scheduling Order (PDF)
Fri 10/07 9:58 AM
Scheduling Order Signed on 10/6/2022 . Disclosure of Experts due by 12/30/22. Discovery due by 1/31/2023. Dispositive Motions due by 2/21/23. Trial date set for 4/27/2023 at 09:00 AM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (mgaug crt) |
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| Tuesday, August 16, 2022 | ||
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court
Hearing Held
Wed 08/17 8:21 AM
Pretrial Held -- COURT TO ISSUE SCHEDULING ORDER -- (jlund) |
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| Tuesday, August 02, 2022 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 08/02 1:58 PM
Pretrial Adjourned Pretrial adjourned to 08/16/2022 at 01:30 PM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (jl) |
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| Monday, July 04, 2022 | ||
| 7 | 7
answer
Amended Answer to Complaint
Mon 07/04 2:56 PM
Amended Answer to Complaint Filed by Matthew M. Motil (Coffey, Thomas aty) |
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| Saturday, June 18, 2022 | ||
| 6 | 6
BNC
Notice of Scheduling Order
Sun 06/19 12:09 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 06/18/2022. (Admin.) |
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| Friday, June 17, 2022 | ||
| 5 | 5
cmp
Summons Service Executed
Fri 06/17 12:15 PM
Summons Service Executed on Matthew M. Motil 6/17/2022 (Cavell, Hunter aty) |
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| Thursday, June 16, 2022 | ||
| 4 | 4
cmp
Summons Issued
Thu 06/16 1:37 PM
ALIAS Summons issued on Plaintiff for service on Defendant(s) Matthew M. Motil Answer due 7/18/2022. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 8/16/2022 at 01:30 PM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (jlund) |
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| Wednesday, June 15, 2022 | ||
| 3 | 3
order
Scheduling Order (PDF)
Thu 06/16 9:45 AM
Scheduling Order Adjourning Pretrial Conference Signed on 6/15/2022 . Pre-Trial Conference set for 8/16/2022 at 01:30 PM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (mgaug crt) |
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misc
Request for Issuance of Alias Summons
Wed 06/15 1:56 PM
Request for Issuance of Alias Summons (Cavell, Hunter aty) |
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| Friday, May 27, 2022 | ||
| 2 | 2
cmp
Summons Issued
Fri 05/27 1:42 PM
Summons issued on Plaintiff for service on Defendant(s) Matthew M. Motil Answer due 6/27/2022. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 8/2/2022 at 01:30 PM at H.M. Metzenbaum - #1A Judge Harris Courtroom. (jlund) |
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| 1 | 1
cmp
Complaint
Fri 05/27 11:24 AM
Adversary case 22-01043 Complaint by Brian Bonetta against Matthew M. Motil. Fee Amount $350 Nature of Suit:62 (Dischargeability [523(a)(2) Fraud, False Pretenses, Actual Fraud; Rule 7001(6)]),67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny),65 (Dischargeability (Other)) (Cavell, Hunter aty) |
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Att: 1
Exhibit A - Bonetta Mortgagee
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Att: 2
Exhibit B - Note
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Att: 3
Exhibit C - Prior Mortgage
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Att: 4
Exhibit D - Email Communication
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