Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Affirming, the Sixth Circuit BAP adopted the Sixth Circuit's chapter 13 standard for calculating debts for purposes of chapter 12 debt limits - reliance on the debtor's schedules, if they were...
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed Bankruptcy Court's decision that found indirect equity owner of Debtor in contempt for pursuing claims in his own name in state court under...
Judge(s):
BAP Judges Delk, Harrison and Opperman (Chief- wrote opinion)
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Sixth Circuit Court of Appeals affirms the bankruptcy court ruling that payment to contractor after foreclosure of construction lien was a redemption, not a purchase, as Michigan law permits...
The Fourth Circuit ultimately found that the Bankruptcy Court did not abuse it's discretion. The Bankruptcy Court concluded that the Debtor's decision to file for bankruptcy did not rise to the...
Judge(s):
Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Harris joined
The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
