Miller v. Tereck
Adversary Proceeding
Lead BK case is: 1:15-bk-16762
Lead BK case is: 1:15-bk-16762
| Ohio Northern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Jessica E Price Smith |
| Case #: | 1:16-ap-01005 |
| Nature of Suit | 2 Bankruptcy - 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: | Jan 11, 2016 |
| Terminated: | Sep 09, 2016 |
| Last checked: never |
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Defendant
Thomas C Tereck
5560 Barton Road, #510
North Olmsted, OH 44070 |
Represented By
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Plaintiff
Joanne L Miller
25798 Byron Drive
North Olmsted, OH 44070 |
Represented By
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| Docket last updated: 09/21/2026 1:05 PM EDT |
| Friday, September 09, 2016 | ||
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court
Close Adversary Case
Fri 09/09 2:57 PM
Adversary Case 16-1005 Closed (nbrow) |
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| Saturday, July 16, 2016 | ||
| 39 | 39
BNC
Notice of Order (PDF)
Sun 07/17 12:31 AM
Notice of Order (PDF) w/ BNC Certificate of Mailing Notice Date 07/16/2016. (Admin.) |
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| Wednesday, July 13, 2016 | ||
| 38 | 38
order
Order (PDF)
Thu 07/14 11:18 AM
Stipulation of Settlement. Signed on 7/13/2016 . (wpoth crt) |
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| Wednesday, July 06, 2016 | ||
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court
Hearing Not Held - CHAP ADI
Wed 07/06 11:28 AM
Hearing Not Held **Agreed Entry Filed (jg ) |
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| Wednesday, June 15, 2016 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 06/28 10:38 AM
Hearing Adjourned for Further Pre-Trial -- **Held in abeyance. Hearing scheduled for 07/06/2016 at 10:00 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (jg ) |
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| Tuesday, June 07, 2016 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice
Tue 06/07 9:55 AM
Hearing Adjourned. Hearing scheduled for 6/15/2016 at 10:30 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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| Thursday, June 02, 2016 | ||
| 37 | 37
BNC
Notice of Hearing
Fri 06/03 12:28 AM
Notice of Hearing w/ BNC Certificate of Mailing Notice Date 06/02/2016. (Admin.) |
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| Tuesday, May 31, 2016 | ||
| 36 | 36
court
Hearing Set
Tue 05/31 4:20 PM
Amended Notice of Hearing. Hearing scheduled for 6/15/2016 at 10:30 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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court
Hearing (Document) Sched/Cont/Resched No Notice
Tue 05/31 10:25 AM
Hearing Scheduled, Continued or Rescheduled Hearing scheduled for 6/7/2016 at 09:30 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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| Wednesday, May 25, 2016 | ||
| 35 | 35
BNC
Notice of Hearing
Thu 05/26 12:20 AM
Notice of Hearing w/ BNC Certificate of Mailing Notice Date 05/25/2016. (Admin.) |
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| Monday, May 23, 2016 | ||
| 34 | 34
court
Hearing (Document) Sched/Cont/Resched w/ Notice
Mon 05/23 8:33 AM
Hearing Scheduled, Continued or Rescheduled |
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| Saturday, May 21, 2016 | ||
| 33 | 33
BNC
Notice of ADR Administrator w/ BNC Certificate of Mailing
Sun 05/22 12:21 AM
Notice of ADR Administrator w/ BNC Certificate of Mailing Notice Date 05/21/2016. (Admin.) |
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| 32 | 32
BNC
Notice of ADR Administrator w/ BNC Certificate of Mailing
Sun 05/22 12:21 AM
Notice of ADR Administrator w/ BNC Certificate of Mailing Notice Date 05/21/2016. (Admin.) |
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| Friday, May 20, 2016 | ||
| 31 | 31
BNC
Notice of ADR Administrator w/ BNC Certificate of Mailing
Sat 05/21 12:20 AM
Notice of ADR Administrator w/ BNC Certificate of Mailing Notice Date 05/20/2016. (Admin.) |
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| 30 | 30
BNC
Notice of ADR Administrator w/ BNC Certificate of Mailing
Sat 05/21 12:20 AM
Notice of ADR Administrator w/ BNC Certificate of Mailing Notice Date 05/20/2016. (Admin.) |
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| Thursday, May 19, 2016 | ||
| 29 | 29
BNC
Notice of ADR Administrator w/ BNC Certificate of Mailing
Fri 05/20 12:26 AM
Notice of ADR Administrator w/ BNC Certificate of Mailing Notice Date 05/19/2016. (Admin.) |
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| 28 | 28
notice
Notice of Designation of neutral
Thu 05/19 2:44 PM
Notice of designation of neutral - schedules ADR hearing & Report deadline. Mediator advised to conduct Mediation Conference on or before June 20, 2016. Mediator to electronically file a letter, document, or pleading setting forth the date, time, and location of the mediation conference. ADR Report to be manually filed with the ADR Administrator no later than June 30, 2016. Designated Mediator: Richard G. Hardy. Filed by (Belzer, L.) |
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Att: 1
Report of Mediator Form
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| 27 | 27
notice
Notice of ADR Administrator (PDF)
Thu 05/19 2:30 PM
Notice of ADR Administrator- response received from first potential neutral, re: conflict. Neutral available: YES. Filed by (Belzer, L.) |
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| 26 | 26
notice
Notice of ADR Administrator (PDF)
Thu 05/19 7:17 AM
Notice of ADR Administrator - response received from second potential neutral, re: conflict. Neutral available: YES. Filed by (Belzer, L.) |
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| Wednesday, May 18, 2016 | ||
| 25 | 25
notice
Notice of ADR Administrator (PDF)
Wed 05/18 2:17 PM
Notice of ADR Administrator - response received from third potential neutral, re: conflict response. Neutral available- Yes. Filed by (Belzer, L.) |
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| 24 | 24
notice
Notice of ADR Administrator (PDF)
Wed 05/18 10:14 AM
Notice of ADR Administrator- letters to potential neutrals requesting conflict checks. Neutrals to respond no later than May 25, 2016. Filed by (Belzer, L.) |
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Att: 1
Conflict Request to First Potential Neutral
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Att: 2
Conflict Request to Second Potential Neutral
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Att: 3
Conflict Request to Third Potential Neutral
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Att: 4
Docket Sheet with Atty/Party Names
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Att: 5
Order of Referral to Mediation
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| 23 | 23
misc
Document
Wed 05/18 8:15 AM
Document Agreed Mediatin Ranking Sheet Filed by Joanne L Miller, Thomas C Tereck . (Dintaman, Robert aty) |
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| Friday, May 13, 2016 | ||
| 22 | 22
notice
Notice of ADR Administrator (PDF)
Fri 05/13 1:49 PM
Notice of ADR Administrator. Notice of Referral to Mediation with List of Neutrals to Counsel. Agreed Mediation Ranking Sheet due by 5/18/16. Filed by (Belzer, L.) |
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Att: 1
Agreed Mediation Ranking Sheet
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Att: 2
List of Neutrals
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| Friday, May 06, 2016 | ||
| 21 | 21
answer
Objection
Fri 05/06 7:02 PM
Objection to Defendants Motion and Amended Motion to Remand Filed by Joanne L Miller (Preslan, Clinton aty) |
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Att: 1
Exhibit 1
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Att: 2
Exhibit 2
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| Friday, April 22, 2016 | ||
| 20 | 20
notice
Notice of Motion
Fri 04/22 5:32 PM
Amended Notice of Motion to Remand Plaintiff's Claims to State Court Filed by Thomas C Tereck . (Dintaman, Robert aty) |
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| 19 | 19
motion
Amended Motion
Fri 04/22 5:31 PM
Amended Motion to Remand Plaintiff's Claims to State Court Filed by Thomas C Tereck (Dintaman, Robert aty) |
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Att: 1
Exhibit
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Att: 2
Exhibit
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Att: 3
Exhibit
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Att: 4
Exhibit
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Att: 5
Exhibit
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Att: 6
Exhibit
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| 18 | 18
notice
Notice of Motion
Fri 04/22 5:13 PM
Notice of Motion Filed by Thomas C Tereck . (Dintaman, Robert aty) |
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| 17 | 17
motion
Remand
Fri 04/22 5:12 PM
Motion for Remand Plaintiff's Claims to State Court Filed by Thomas C Tereck (Dintaman, Robert aty) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit A
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Att: 3
Exhibit
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Att: 4
Exhibit
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Att: 5
Exhibit
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Att: 6
Exhibit
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| Wednesday, April 20, 2016 | ||
| 16 | 16
BNC
Notice of Order (PDF)
Thu 04/21 12:20 AM
Notice of Order (PDF) w/ BNC Certificate of Mailing Notice Date 04/20/2016. (Admin.) |
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| Friday, April 15, 2016 | ||
| 15 | 15
order
Order (PDF)
Mon 04/18 3:18 PM
Order Referring Adversary to ADR administrator for mediation. Signed on 4/15/2016. . (nbrow crt) |
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| Wednesday, April 13, 2016 | ||
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court
Hearing Held - CHAP ADI
Wed 04/13 10:57 AM
Hearing Held **Motion - Granted -- **Claim 1, Claim 2, Claim 3, Claim 4 are dismissed -- **Memorandum in opposition - Overruled (jg ) |
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Wed 04/13 11:32 AM
Hearing Held -- **To be transferred to mediation. **Discovery cut off: 7/8/16; Further Pre-Trial Conference - 7/6/16 @ 10:00 a.m. Hearing scheduled for 07/06/2016 at 10:00 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (jg ) |
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| Wednesday, March 16, 2016 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Wed 03/16 10:05 AM
Hearing Adjourned. Hearing scheduled for 04/13/2016 at 10:00 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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| Sunday, March 13, 2016 | ||
| 14 | 14
BNC
Notice of Hearing
Mon 03/14 1:23 AM
Notice of Hearing w/ BNC Certificate of Mailing Notice Date 03/13/2016. (Admin.) |
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| 13 | 13
BNC
Notice of Hearing
Mon 03/14 1:23 AM
Notice of Hearing w/ BNC Certificate of Mailing Notice Date 03/13/2016. (Admin.) |
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| Friday, March 11, 2016 | ||
| 12 | 12
court
Hearing Set
Fri 03/11 9:49 AM
Court's Notice of Hearing Hearing scheduled for 4/13/2016 at 10:30 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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| 11 | 11
court
Hearing Set
Fri 03/11 9:42 AM
Court's Notice of Rescheduled Pre-Trial Conference. Hearing scheduled for 4/13/2016 at 10:00 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (ngrif) |
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| Monday, March 07, 2016 | ||
| 10 | 10
answer
Answer to Counterclaim
Mon 03/07 5:37 PM
Answer to Counterclaim Filed by Joanne L Miller. (Preslan, Clinton aty) |
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| Sunday, March 06, 2016 | ||
| 9 | 9
11
pgs
misc
Memorandum in Opposition to
Sun 03/06 8:51 PM
Memorandum in Opposition to Plaintiff's Motion to Dismiss Filed by Thomas C Tereck . (Dintaman, Robert aty) |
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Att: 1
Exhibit exhibit "A"
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Att: 2
Exhibit Exhibit "A"
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| Saturday, February 20, 2016 | ||
| 8 | 8
notice
Notice of Motion
Sat 02/20 2:37 PM
Notice of Motion TO DISMISS DEFENDANTS COUNTERCLAIM Filed by Joanne L Miller . (Preslan, Clinton aty) |
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| Friday, February 19, 2016 | ||
| 7 | 7
court
Notice of Filing Deficiency
Fri 02/19 9:13 AM
Notice of Filing Deficiency |
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| Thursday, February 18, 2016 | ||
| 6 | 6
motion
Generic Motion
Thu 02/18 5:54 PM
Motion TO DISMISS DEFENDANTS COUNTERCLAIM Filed by Joanne L Miller (Preslan, Clinton aty) |
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| Monday, February 08, 2016 | ||
| 5 | 5
answer|cmp
Answer to Complaint|Counterclaim
Mon 02/08 4:36 PM
Answer to Complaint , Counterclaim by Thomas C Tereck against Joanne L Miller Filed by Thomas C Tereck. (Dintaman, Robert aty) |
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Att: 1
Exhibit Exhibit A
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| Wednesday, January 13, 2016 | ||
| 4 | 4
cmp
Summons Service Executed
Wed 01/13 4:31 PM
Summons Service Executed on Thomas C Tereck 1/13/2016 by certified first class mail, postage prepaid #70132250000226853497 (Preslan, Clinton aty) |
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| Tuesday, January 12, 2016 | ||
| 3 | 3
order
Initial Pretrial and/or Adversary Case Management
Tue 01/12 1:21 PM
This Court has adopted a paperless procedure for issuing the pretrial or case management order in an adversary proceeding. The enclosed order has been issued by the Court and electronically placed on the adversary case docket. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of this order will be mailed; it must be printed from CM/ECF. It is the responsibility of the plaintiff or plaintiff's counsel to serve the pretrial or case management order on defendants(s) pursuant to applicable rules and instructions. Initial Pretrial and/or Adversary Case Management Order Signed on 1/12/2016 . (nbrow crt) |
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| 2 | 2
cmp
Summons Issued
Tue 01/12 1:17 PM
Summons issued on Plaintiff for service on Defendant(s) Thomas C Tereck Answer due 2/11/2016. 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 3/16/2016 at 10:00 AM at H.M. Metzenbaum - #2B Judge Price Smith Courtroom. (nbrow) |
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| Monday, January 11, 2016 | ||
| 1 | 1
cmp
Complaint
Mon 01/11 4:20 PM
Adversary case 16-01005 Complaint by Joanne L Miller against Thomas C Tereck. Fee Amount $350 Nature of Suit:02 (Other (e.g. other actions that would have been brought in state court if unrelated to a bankruptcy )),62 (Dischargeability [523(a)(2) Fraud, False Pretenses, Actual Fraud; Rule 7001(6)]),67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny) (Preslan, Clinton aty) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit B
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crditcrd
Auto-Docket of Credit Card
Mon 01/11 4:27 PM
Receipt of Complaint 16-01005 jps) [cmp,cmp] ( 350.00) Filing Fee. Receipt number 33147168. Fee amount 350.00. (U.S. Treasury) |
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