Thomas v. Clark (In re Thomas)

• Summarized by Laura Bartell , Wayne State University Law School
• 9 years 3 months ago

Citation:

No. 14-5735 (6th Cir.Jan. 8, 2015)

Ruling:

Claim for Debtor's share of second mortgage on former marital house and judgment lien on the house constituted domestic support obligations and were not dischargeable in Debtor's bankruptcy case.

Judge(s):

Sutton, McKeague, and Kethledge, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics

Lawrence v. Commonwealth of Kentucky Transportation Cabinet (In re Shelbyville Rd Shoppes, LLC)

• Summarized by J. Debbeler , Bricker Graydon LLP
• 9 years 3 months ago

Citation:

15a0002p.06

Ruling:

The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate...

Judge(s):

Guy, Rogers, Donald- Circuit Judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• 365
• 542

Hagan v. Baird (In re B&P Baird Holdings, Inc.)

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 9 years 3 months ago

Citation:

Case no. 14-1060 (6th Cir. 2014)

Ruling:

Trustee's action to recover funds misappropriated by debtor's principals not barred by in pari delecto.

Judge(s):

Daughtrey, McKeague and White

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• 7012
• 544

Lawless v. Newton, Jr (In re Lawless)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 9 years 4 months ago

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...

Judge(s):

Siler, Sutton and McKeague; opinion by McKeague

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• FRBP 4003
• § 541

Kraus Anderson Capital, Inc v. Bradley (In re Bradley)

• Summarized by Laura Bartell , Wayne State University Law School
• 9 years 4 months ago

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...

Judge(s):

Batchelder and Rogers, Circuit Judges, and Beckwith, Senior District Judge sitting by designation

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure

In re E.C. Morris Corp

• Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
• 9 years 4 months ago

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.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• 11 U.S.C § 105

Eifler v. Wilson & Muir Bank

• Summarized by James Bailey , Butler Snow LLP
• 9 years 4 months ago

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

Tag(s):

• 6th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation

Wojcik v. Gold (In re Daher)

• Summarized by J. Debbeler , Bricker Graydon LLP
• 9 years 4 months ago

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...

Judge(s):

Emerson, Humphrey and Preston (BAP)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure

In re Doyne

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 9 years 4 months ago

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

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Practice and Procedure
• 4007
• 523

Bavelis v. Doukas (In re Bavelis)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 9 years 5 months ago

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...

Judge(s):

Batchelder, Gilman and Gibbons; opinion by Gilman

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Bankruptcy Litigation
• Finance and Banking
• SEC Issues
• Venue/Jurisdiction
• Rule 3001
• § 502

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