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6th Circuit

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

Citation: 
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling: 
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03 of the Settlement and Fund Distribution Agreement (SFA) and (2) ...
Judge(s): 
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
Read on...

Church Joint Venture, L.P. v. Blasingame (In re Blasingame)

Citation: 
2015 WL 249495 (6th Cir. BAP 2015)
Ruling: 
Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
Judge(s): 
Harrison, Humphrey and Preston
Read on...

Thomas v. Clark (In re Thomas)

Citation: 
No. 14-5735 (6th Cir.Jan. 8, 2015)
Ruling: 
Claim for Debtor's share of second mortgage on former marital house and judgment lien on the house constituted domestic support obligations and were not dischargeable in Debtor's bankruptcy case.
Judge(s): 
Sutton, McKeague, and Kethledge, Circuit Judges
Read on...

Lawrence v. Commonwealth of Kentucky Transportation Cabinet (In re Shelbyville Rd Shoppes, LLC)

Citation: 
15a0002p.06
Ruling: 
The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate purchase contract as the debtor had no ...
Judge(s): 
Guy, Rogers, Donald- Circuit Judges
Read on...

Hagan v. Baird (In re B&P Baird Holdings, Inc.)

Citation: 
Case no. 14-1060 (6th Cir. 2014)
Ruling: 
Trustee's action to recover funds misappropriated by debtor's principals not barred by in pari delecto.
Judge(s): 
Daughtrey, McKeague and White
Read on...

Lawless v. Newton, Jr (In re Lawless)

Citation: 
File name 14a0928n.06; Docket No. 14-5290
Ruling: 
The Sixth Circuit affirmed the Bankruptcy Court for the Eastern District of Tennessee, which held that because the debtor could elect to take a lump sum distribution of his retirement funds, it was excluded from the Tennessee statute which exempted ...
Judge(s): 
Siler, Sutton and McKeague; opinion by McKeague
Read on...

In re E.C. Morris Corp

Citation: 
14 FED App 0010P (6th Cir)
Ruling: 
Where the court lacks subject matter jurisdiction, an order denying a Motion to Enforce Order Approving Compromise of Claims is appropriate.
Judge(s): 
Harrison, Humphrey, Lloyd.
Read on...

Kraus Anderson Capital, Inc v. Bradley (In re Bradley)

Citation: 
No. 14-3401 (6th Cir. Dec. 10, 2014)
Ruling: 
Order of Bankruptcy Appellate Panel reversing bankruptcy court order holding certain debts of chapter 7 debtor were not excepted from discharge under section 523(a)(2)(A) and (a)(6) and remanding for determination of damages was not a final judgment and therefore the ...
Judge(s): 
Batchelder and Rogers, Circuit Judges, and Beckwith, Senior District Judge sitting by designation
Read on...

Eifler v. Wilson & Muir Bank

Citation: 
14a0911n.06
Ruling: 
Denial of Debtor's discharge under 11 U.S.C. §§ 727(a)(2)(A)(transfer or concealment of assets) and 727(a)(4)(false oath) was affirmed.
Judge(s): 
Keith, Moore and Stranch
Read on...

Wojcik v. Gold (In re Daher)

Citation: 
Sixth Circuit Court of Appeals Bankruptcy Appellate Panel No. 14-8028, File No. 14b0006n.06
Ruling: 
Insurance proceeds in which the Debtor had an interest at the time of filing of the bankruptcy case are property of the bankruptcy estate. Even though debtor has a pre-petition insurance policy on property where mortgagee is loss payee, ...
Judge(s): 
Emerson, Humphrey and Preston (BAP)
Read on...
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