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6th Circuit

Baldridge v. Ellmann (In re Baldridge)

Citation: 
Case No. 13-700, 6th Circuit, February 3, 2014
Ruling: 
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors' homestead to which the homestead exemption could attach. The Court ...
Judge(s): 
Rogers, McKeague and White, Circuit Judges
Read on...

Plymouth Park Tax Services, LLC v. Bowers (In re Bowers)

Citation: 
Case No. 13-4404
Ruling: 
Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
Judge(s): 
Ketih, Clay and McKeague
Read on...

Spradlin v. Richard

Citation: 
Spradlin v. Richard, 2014 FED App. 0518N (6th Cir. July 15, 2014)
Ruling: 
Sixth Circuit AFFIRMED the district court's affirmance of the bankruptcy court's award of sanctions; VACATED the district court's reversal of the bankruptcy court's motion to extend time and denial of plaintiff’s motion to dismiss defendant’s cross-appeal; and REMAND for such ...
Judge(s): 
MERRITT, MOORE, and CLAY
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In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
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Neal v. First Alliance Bank

Citation: 
Neal v. First Alliance Bank, Case No. 13-6531 (July 9, 2014).
Ruling: 
Applying Tennessee law, the Sixth Circuit affirmed the District Court's decision sustaining the Chapter 7 Trustee's objection to the Debtors' attempt to exempt two annuities.
Judge(s): 
Guy, Kethledge, and Stranch
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Collett v. Lee Oil Co (In re Collett)

Citation: 
Case No. 13-8033; File Name 14b0004n.06
Ruling: 
Party's pre-petition initiation of criminal proceedings for criminal theft against debtor, and post-petition cooperation with county attorney, did not constitute violation of automatic stay. Panel declined to rule whether Section 362(b)(1) is an absolute bar to stay violation proceedings ...
Judge(s): 
Emerson, Harrison, Lloyd
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Ice House America, LLC v. Charles Cardin

Citation: 
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling: 
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must be paid in full before an individual debtor can retain any pre-petition property ...
Judge(s): 
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
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Thomas, III v. Helbling

Citation: 
2014 FED App. 0003P(6th Cir.)
Ruling: 
Bankruptcy Appellate Panel of the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Northern District of Ohio which held that real property transferred in error by the Debtor to his father was impressed with a constructive trust ...
Judge(s): 
BAP- Harriosn, Emerson & LLoyd
Bankruptcy Court: Jessica Price Smith
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Hart v. Southern Heritage Bank (In re Hart)

Citation: 
Case Number 13-6188 (6th Cir. 2014)
Ruling: 
Bankruptcy Court has jurisdiction to enter money judgment in adversary proceeding to except debt from discharge.
Judge(s): 
Daughtrey, McKeague and Donald
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Dauenhauer v. The Bank of New York Mellon

Citation: 
File 14a0275n.06; Docket No. 13-5810
Ruling: 
In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against Bank of New York Mellon, MERS and other defendants ...
Judge(s): 
Suhrheinrich, Griffin and Kethledge.
Read on...
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