Doe v. Boland (In re: Boland)

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 1 week 18 hours ago

Citation:

17-8019 (6th Circuit, Feb 13,2019) Published

Case Status:

Reversed

Ruling:

The Sixth Circuit BAP reversed the bankruptcy court's ruling (N.D. Ohio) that a civil judgment was dischargeable under 11 U.S.C. § 523(a)(6). The BAP agreed that collateral estoppel was...

Judge(s):

Humphrey, Buchanan, Dales

Tag(s):

• 6th Circuit
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(6)

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 3 weeks 1 day ago

Citation:

18-5674 (6th Circuit, Jan 24,2019) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...

Judge(s):

MERRITT, GUY, and MOORE

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Venue/Jurisdiction
• 28 U.S.C. § 1334

IN RE: LICKING RIVER MINING, LLC

• Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
• 1 month 2 weeks ago

Citation:

17-6310 (6th Circuit, Dec 28,2018) Published

Case Status:

Affirmed

Ruling:

Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...

Judge(s):

Merritt, Daughtrey, and Stranch

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees
• § 364

IN RE: LANE

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 3 months 3 weeks ago

Citation:

18-8005 (6th Circuit, Oct 30,2018) Published

Case Status:

Dismissed

Ruling:

The BAP dismissed creditor's appeal from an order denying a post-confirmation motion to dismiss, holding it was not a final order under In re Jackson Masonry and Bullard v. Blue Hills Bank. The BAP...

Judge(s):

Buchanan, Dales & Wise. Opinion by Dales.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Rule 8004

NEWMAN v UNIVERSITY OF DAYTON

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 3 months 3 weeks ago

Citation:

17-4241 (6th Circuit, Oct 24,2018) Published

Case Status:

Affirmed

Ruling:

Affirmed dismissal of plaintiff-appellant Peter Newman’s claims against his former employer and others because Newman had failed to disclose both the existence of those claims and the income from...

Judge(s):

GUY, WHITE, and STRANCH

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure

IN RE: BONFIGLIO

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 3 months 3 weeks ago

Citation:

Case No. 18,8004, 2018 WL 5295879 (6th Circuit, Oct 24,2018) Published

Case Status:

Affirmed

Ruling:

Rule 60(b) Motion for Relief From Order for excusable neglect denied

Judge(s):

Buchanan, Dales, Humphrey

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Rule 9024

THERMO CREDIT, LLC v DCA SERVICES, INC.,

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 3 months 3 weeks ago

Citation:

Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...

Judge(s):

Gibbons, Stranch and Bush, Circuit Judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Commercial Fraud
• Finance and Banking
• Lender Liability

IN RE: JACKSON MASONRY, LLC

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 4 months 2 days ago

Citation:

Case No. 18-5157/5161, 2018 WL 4997779 (6th Cir. 2018) (6th Circuit, Oct 16,2018) Published

Case Status:

Affirmed

Ruling:

Appeal of Order Denying Motion for Relief From Stay dismissed where Notice of Appeal filed after deadline.

Judge(s):

Sutton, McKeague and Thapar

Tag(s):

• 6th Circuit
• Practice and Procedure
• 362

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 7 months 1 week ago

Citation:

Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...

Judge(s):

Batchelder, Gilman and Rogers, Circuit Court Judges

Tag(s):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Real Estate
• 541
• 524

Chenault v. Great Lakes Higher Edu Corp.

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 7 months 2 weeks ago

Citation:

18-8003 (6th Circuit, Jul 05,2018) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the bankruptcy court's (E.D. Ky.) dismissal of the debtor’s undue hardship student loan complaint because the debtor failed to state...

Judge(s):

Buchanan, Dales (author), Opperman

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• FRCP 12(b)(6)
• 523(a)(8)

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