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6th Circuit

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
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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
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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)
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In re Doyne

Citation: 
Case No. 14-8004 (6th Cir. BAP 2014)
Ruling: 
Bankruptcy Court did not abuse discretion in denying creditor's Motion for Extenstion of Time to file Complaint to object to Discharge under Section 523.
Judge(s): 
Harrison, Humphrey & LLoyd
Read on...

Bavelis v. Doukas (In re Bavelis)

Citation: 
Docket No. 14-3067; File name 14a0284p.06
Ruling: 
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to enter a judgment sustaining an objection to the proof of claim filed ...
Judge(s): 
Batchelder, Gilman and Gibbons; opinion by Gilman
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Keeley v. Grider

Citation: 
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling: 
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied plaintiff's motion to amend the default judgment under Fed. R. Bankr. P. ...
Judge(s): 
Cook, White, and Michelson (District Judge sitting by designation)
Read on...

Stratton v. Portfolio Recovery Assoc. LLC

Citation: 
Case No. 13-6574 (6th Cir 2014)
Ruling: 
When original lender enters into agreement with borrower to waive right to collect interest on debt, later debt buyer is bound by that agreement and cannot charge either statutory or contract interest. Debt buyer who acquired debt after lender waived ...
Judge(s): 
Stranch, Keith and Batchelder (dissenting)
Read on...

Derbabian v. Bank of America, N.A.

Citation: 
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling: 
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home. Specifically, plaintiffs (i) failed to plead fraud with specificity, (ii) failed to state a claim for breach of contract because agreements relating ...
Judge(s): 
Cole, Keith, and Batchelder.
Read on...
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