Barbacci, Trustee v. The Marshall Buck Financial Group, LLC et al

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
IN RE:
THEODORE MARK OLSON,
Debtor.
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LISA M. BARBACCI,
Plaintiff,
v.
THE MARSHALL BUCK
FINANCIAL GROUP, LLC, AND
THEODORE MARK OLSON,
Defendants.
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CHAPTER 7
CASE NO. 11-63044
ADV. NO. 11-6091
HONORABLE RUSS KENDIG
MEMORANDUM OF OPINION
(NOT INTENDED FOR
PUBLICATION)
Plaintiff filed an adversary complaint on December 12, 2011. On January 12, 2012,
Vicki Marshall filed an answer on behalf of Defendant The Marshall Buck Financial Group,
LLC (“Defendant LLC”). Plaintiff moved to strike the answer because Vicki Marshall is not
an attorney and therefore cannot represent Defendant LLC in this action. No response was
filed to the motion.
The court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334 and the general
order of reference entered in this district on July 16, 1984. Venue in this district and division
is proper pursuant to 28 U.S.C. § 1409. 	This is a core proceeding under 28 U.S.C.
§ 157(b)(2)(K).
This opinion is not intended for publication or citation. 	The availability of this
opinion, in electronic or printed form, is not the result of a direct submission by the court.
Plaintiff is correct that, as a separate legal entity, an LLC must be represented by an
attorney. See, e.g., In re ICLNDS Notes Acquisition, LLC, 259 B.R. 289 (Bankr. N.D. Ohio
2001); Doherty v. American Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984); Union Sav.
The court incorporates by reference in this paragraph and adopts as the findings and
orders of this court the document set forth below. This document was signed
electronically at the time and date indicated, which may be materially different from its
Dated: 02:56 PM February 15, 2012
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Ass’n v. Home Owners Aid, Inc., 23 Ohio St.2d 60, 64 (1970). Consequently, Ms. Marshall
is not authorized to file pleadings on behalf of Defendant LLC. The court orders the answer
filed by Ms. Marshall stricken.
An order in accordance with this decision will be entered immediately.
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Service List:
Michael J Moran
Gibson & Lowry
PO Box 535
234 Portage Trail
Cuyahoga Falls, OH 44222
Morris H Laatsch
Kaffen & Zimmerman
520 South Main Street
Suite 500
Akron, OH 44311
Timothy P. Assaf
12 East Exchange Street, Fifth Floor
Akron, OH 44308
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