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Grahams Used Car Outlet v. Stutchman

Court of Appeals of Ohio, Fifth District

August 19, 2013

GRAHAMS USED CAR OUTLET, Plaintiff-Appellant
v.
BRYCE STUTCHMAN, et al., Defendants-Appellants

Civil Appeal from the Court of Common Pleas, Case No. 09CVH851.

For Plaintiff-Appellant JAMES L. BLUNT, II.

Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

WISE, J.

(¶1} Plaintiff-Appellant Grahams Used Car Outlet appeals the August 31, 2012, decision of the Court of Common Pleas of Richland County, Ohio, following a garnishment hearing.

(¶2} Defendant-Appellee Bryce Stutchman has not filed a brief in this matter.

STATEMENT OF THE FACTS AND CASE

(¶3} The relevant facts and procedural history are as follows:

(¶4} In 2008, Defendant, Bryce Stutchman filed an initial Bankruptcy Chapter 13 Plan; 11 U.S.C.S. Chapter 13, which was ultimately dismissed on November 12, 2008.

(¶5} On March 26, 2009, Plaintiff-Appellant Grahams Used Car Outlet filed a Complaint against Defendants Bryce Stutchman and Thomas Eaton.

(¶6} On April 3, 2009, Appellant filed a Notice of Dismissal as to Defendant Eaton.

(¶7} On July 17, 2009, Plaintiff-Appellant was granted a judgment against Defendant Bryce Stutchman in the amount of $1, 696.64 plus court costs and interest at the contractual rate of 24.14%.

(¶8} Defendant Stutchman filed a second Chapter 13 bankruptcy on June 26, 2010. Plaintiff-Appellant was listed as an unsecured creditor in the amount of $2, 917.69, which was the amount of the claim allowed.

(¶9} Plaintiff-Appellant received no payments from Defendant or the Bankruptcy Trustee in the second bankruptcy case. The second bankruptcy was dismissed on September 30, 2011. See the Bankruptcy Order in Case No. 10-34399 ...


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