In August of 1984, the Debtor formed a partnership with her sister which commenced operations in Bellefontaine, Ohio, as a retail clothing store under the name of 'Captain Kid's, Inc.' It appears that the Debtor's sister subsequently withdrew from the partnership and Debtor continued conducting the business as a sole proprietorship. The Court thereupon recessed the trial for approximately one hour to give the *619 Debtor an opportunity to review the Complaint as well as proposed findings of fact and conclusions of law handed to her by Plaintiff's counsel when the Court convened.Ĥ. The Debtor advised the Court of her inability to afford counsel and her desire to proceed to trial as scheduled. The Court advised the Debtor that she could request a continuance of the trial on the grounds that she needed additional time to prepare her defense or obtain counsel for that purpose.

The Court, sua sponte, explained the allegations of the Complaint in summary fashion and emphasized the gravity of the relief requested. Although the official court file reflects proper service of the Complaint upon her, Debtor represented that she had never seen the Complaint and was not familiar with its allegations. The Debtor was unable to secure replacement counsel and appeared pro se at trial. Grace's request was granted by this Court's order of August 2, 1989.ģ. Grace, Debtor's counsel, requested permission to withdraw as counsel due to Debtor's inability to pay attorney's fees. After two extensions of time in which to plead, an answer was filed on October 25, 1988. The Complaint objecting to Debtor's discharge was filed on August 22, 1988.

On May 5, 1988, she voluntarily converted her Chapter 11 case to a proceeding under Chapter 7.Ģ. Zell ('Debtor') filed a voluntary petition for relief pursuant to Chapter 11 of the Bankruptcy Code on December 7, 1987. The following opinion constitutes the Court's findings of fact and conclusions of law pursuant to Bankruptcy Rule ('Rule') 7052.ġ. This is a core proceeding arising under 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C.

A trial was held on October 25, 1989, after which the matter was taken under advisement. The debtor's entitlement to a discharge in bankruptcy has been challenged by G & J Investments, whose complaint requests denial of debtor's discharge pursuant to 11 U.S.C.

Presently under consideration by the Court is an adversary proceeding to determine the debtor's eligibility to receive a discharge in her Chapter 7 bankruptcy case. Appleby, Emens, Hurd, Kegler & Ritter, Columbus, Ohio, for G & J Investments, Inc.Ĭharles M.

Joint Tenants by Deborah McClatchey