Now Updating
Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Summarizing by Bradley Pearce

IN RE BLASINGAME

Citation:
17-8029, 2018 WL 2711204 (6th Circuit, Jun 06,2018) Published
Case Status:
Affirmed
Ruling:
Creditor cannot assert derivative standing to bring adversary proceeding where Trustee does not have standing in first instance.
Judge(s):
Humphrey, Opperman and Wise
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

Trost v. Trost

Citation:
17-1877 (6th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Judge(s):
Moore, Cook, and McKeague
Tag(s):

In re Melinda Vail Jackson

Citation:
17-8006 (6th Circuit, May 11,2018) Published
Case Status:
Dismissed
Ruling:
Bankruptcy Appellate Panel for Sixth Circuit dismissed appeal that was filed 28 days after entry of final order. Panel ruled the time requirements of 28 USC 158(c)(2) are jurisdictional in nature...
Judge(s):
DELK, HUMPHREY, and PRESTON Bankruptcy Appellate Panel Judges
Tag(s):

IN RE: MODERN PLASTICS CORPORATION

Citation:
17-2256 (6th Circuit, Apr 26,2018) Published
Case Status:
Affirmed
Ruling:
Court of Appeals for the Sixth Circuit affirmed bankruptcy court's award of attorney fees and costs (and subsequent finding of civil contempt for failure to pay the award as ordered) related to...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges
Tag(s):

IN RE: BLASINGAME

Citation:
17-8009/8011 (6th Circuit, May 03,2018) Not Published
Case Status:
Affirmed
Ruling:
Residential real property that has been owned by a properly formed trust for nearly 15 years before the commencement of the debtors' Chapter 7 bankruptcy case is not property of the bankruptcy...
Judge(s):
HUMPHREY, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges
Tag(s):

New Products Corp. v. Wright (In re Modern Plastics Corp.)

Citation:
No. 17-2256 (6th Circuit, Apr 26,2018) Not Published
Case Status:
Affirmed
Ruling:
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges.
Tag(s):

Duke Energy Florida, LLC v. FirstEnergy Corp.

Citation:
17-3024 (6th Circuit, Apr 10,2018) Not Published
Case Status:
Affirmed
Ruling:
A corporate parent may be held indirectly liable under CERCLA only if the corporate veil separating parent and subsidiary may be pierced under the corporate law of the relevant state. Because...
Judge(s):
KEITH, McKEAGUE, and STRANCH, Circuit Judges.
Tag(s):

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