The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred
in determining the law applicable to the parties’ lien dispute. On...
Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.
Bankruptcy case was properly dismissed because debtor failed to obtain credit counseling, to timely make plan payments, and to file required tax returns.
Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
