In re Zenga

Citation:
16-8022/8023 (6th Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed bankruptcy court's decision to apply equitable estoppel to deny debtors' motion to dismiss two involuntary petitions that had been filed against them. The...
Judge(s):
Humphrey, Opperman and Preston, BAP judges
Tag(s):

Spradlin v. Beads and Steeds Inns, LLC

Citation:
16-5499 (6th Circuit, Jan 03,2017) Not Published
Case Status:
Affirmed
Ruling:

Finding no basis for reverse veil-piercing or substantive consolidation with a non-debtor entity, the Sixth Circuit BAP affirmed the decision of the Bankruptcy Court for the Eastern District of...

Judge(s):
Guy, Boggs and Griffin; Opinion by Griffin
Tag(s):

Spradlin v. Khouri, et al.

Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

Dymarkowski v. Savage (In re Hadley)

Citation:
16-8010 (6th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Concluding that the debtor's attorney had not previously perfected a lien on two vehicles pledged by the debtor prior to bankruptcy as collateral for the repayment of unpaid legal fees, the...

Judge(s):
Delk, Preston, and Wise
Tag(s):

In re McCoy

Citation:
6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:

The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...

Judge(s):
Harrison, Preston, Wise
Tag(s):

Korean Claimants v. Debtor's Representatives (In re Settlement Facility Dow Corning Trust)

Citation:
15-2548 (6th Circuit, Nov 23,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed entry of consent order by the District Court.  Found that District Court has jurisdiction to enter consent order related to clarification of "marshaled reoveries."  Found that...

Judge(s):
McKeague, Griffin, and Kethledge
Tag(s):

Lyda v. City of Detroit, Mich. (In re City of Detroit, Mich.)

Citation:
No. 15-2236 (6th Cir. Nov. 14, 2016)
Ruling:
Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of...
Judge(s):
Sutton, Griffin & Donald, Circuit Judges
Tag(s):

Church Joint Venture, L.P. v. Blasingame

Citation:
Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06
Ruling:
The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston.
Tag(s):

Montedonico v. Blasingame (In re Blasingame)

Citation:
2016 WL 6575045 (6th Cir. BAP 2016)
Ruling:
Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding...
Judge(s):
Harrison, Humphrey, Preston
Tag(s):

Holley v. Corcoran (In re Holley)

Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

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