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6th Circuit

Grossman v. Wehrle (In re Royal Manor Management, Inc.)

Citation: 
File Name 16a0324n.06; Docket No. 15-3146
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015), imposing sanctions of $207,400 against Dennis Grossman, counsel ...
Judge(s): 
Norris, McKeague and White; opinion by White
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Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

Citation: 
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling: 
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is discouraged in the Sixth Circuit. The better practice ...
Judge(s): 
Harrison, Opperman, Wise
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In re Tench

Citation: 
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling: 
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not ...
Judge(s): 
Delk, Humphrey, Opperman
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In re Bratt

Citation: 
16b0002p.06 Nos. 15-8009/8010
Ruling: 
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...
Judge(s): 
Delk, Opperman and Wise
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In re Four Wells Limited

Citation: 
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling: 
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its discretion in enjoining debtors from filing another bankruptcy ...
Judge(s): 
Harrison, Preston & Wise, Bankruptcy Appellate Panel judges
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Gaft, et al. v. Sheidler (In re Sheidler)

Citation: 
Case No. 15-8011 (6th Cir. BAP 2016)
Ruling: 
Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements that were true when made. Debtor could not be ...
Judge(s): 
Harrison, Humphrey and Preston
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Harger v. Jones (In re Jones)

Citation: 
Harger v Jones (In re Jones), 16 Fed App.0001P(6th Cir. March 3, 2016)
Ruling: 
The Sixth Circuit BAP held that the bankruptcy court erred as a matter of law in awarding attorneys' fees as sanctions under Rule 9011 on a sua sponte basis and abused its discretion in imposing sanctions. Rule 9011(c)(2) only allows ...
Judge(s): 
Preston, Humphrey and Harrison
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In re Yonish

Citation: 
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling: 
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid judgment liens. The BAP held that delay and an ...
Judge(s): 
Delk, Harrison and Lloyd; opinion by Harrison
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In re Kiriazis

Citation: 
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling: 
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and Agreed Order- and the bankruptcy court held that ...
Judge(s): 
Humphrey, Opperman, Wise
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Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation: 
File Name 16a0018p.06; Docket No. 14-6521
Ruling: 
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the case. The Sixth Circuit found there is ...
Judge(s): 
Guy, Moore and Kethledge; opinion by Kethledge
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