Court of Appeals of Ohio, Fifth District, Licking
Appeal from the Municipal Court, Case No. 17 CVG 003369
Plaintiff-Appellant/Cross-Appellee KIM BLANEY PRO SE
Defendant-Appellee/Cross Appellant SONDRA O. BRYSON SE OHIO
LEGAL SERVICES VALERIE HENDRICKSON SE OHIO LEGAL SERVICES
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
Plaintiff-Appellant Kim Blaney appeals the August 16, 2018,
decision of the Licking County Municipal Court finding that
Appellee Billie Perdue's lease obligations to her were
discharged pursuant to her Chapter 7 Bankruptcy.
Appellee has also filed a cross-appeal in this matter.
OF THE CASE AND FACTS
The relevant facts and procedural history are as follows:
On March 13, 2017, Plaintiff-Appellant Kim Blaney entered
into a residential Lease Agreement with
Appellee/Cross-Appellant Billie Perdue for property located
at 90 S. 21st Street, Newark OH, 43055. The lease agreement,
signed by both parties, states that "[t]he Full Lease
Term shall be Twelve Months, from April 1, 2017, to March 31,
2018." (T. at 23-24).
On September 21, 2017, Ms. Perdue filed for bankruptcy relief
under Chapter 7 of Title 11 of the United States Bankruptcy
Code. (T. at 24, 27). Ms. Perdue disclosed the $599 she paid
as a security deposit to Appellant Blaney in her list of
assets filed with the bankruptcy court. Ms. Perdue also
disclosed her obligation under the residential lease
agreement in her bankruptcy Schedule G, which explicitly
calls for disclosure of "executory contracts and
The Trustee in Ms. Perdue's bankruptcy opted against
binding the bankruptcy estate to the residential lease by not
"assuming" the lease. (T. at 27). Appellant Blaney
did not file a claim in Ms. Perdue's bankruptcy for any
debt Appellant was owed.
On December 15, 2017, Appellant/Cross-Appellee Kim Blaney
filed a two-count eviction action for forcible entry and
detainer and damages under R.C. Chapter 1923 against
Appellee/Cross-Appellant Billie Perdue.
At the time of the filing of the eviction action, Perdue was
in the middle of a Chapter 7 bankruptcy. Perdue notified the
trial court by filing a notification of filing under
Bankruptcy Code and suggestion of stay on December 28, 2017.
On January 3, 2018, the magistrate issued a decision to stay
the case on the basis of the bankruptcy. The trial court
adopted the magistrate's decision on January 4, 2018 and
the eviction case was stayed.
On February 13, 2018, Ms. Perdue was granted discharge under
11 U.S.C. 727. Ms. Perdue vacated the residential property on
February 28, 2018. (T. at 24, 28).
On March 13, 2018, Perdue timely filed her answer informing
the trial court that Count 1 of the eviction complaint, the
claim for forcible entry and detainer, was moot and notifying
the trial court that her bankruptcy had been discharged ...