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):

Grant v. Granader (In re Granader)

Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
Judge(s):
Boggs, Suhreinrich, McKeague
Tag(s):

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

In re: Kidd Ramey

Citation:
No. 16-8015 (6th Cir. BAP Sept. 30, 2016)
Ruling:
Affirming dismissal of debtor's chapter 7 bankruptcy case for failure to fulfill prepetition credit counseling requirement of Section 109(h) and denial of motion to vacate dismissal order.
Judge(s):
Harrison, Humphrey and Preston
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
Tag(s):

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