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Asset Management Holdings, LLC v. Alelia Hernandez (In re Hernandez)

Summarizing by Lars Fuller

Church Joint Ventures, L.P. v. Earl Blasingame (In re Blasingame)

Citation:
Nos. 18-8010/8013/8018 (6th Circuit, Apr 15,2019) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Opperman, Price Smith, and Wise
Tag(s):

In re Earl Blasingame

Citation:
18-5549/5623 (6th Circuit, Apr 03,2019) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Griffin, Kethledge and Thapar; Opinion by Thapar
Tag(s):

Limor v. Anderson (In re Scarbrough)

Citation:
18-8028, 2019 WL 1418698 (6th Circuit, Mar 28,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
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.
Judge(s):
Buchanan, Dales and Opperman
Tag(s):

Operating Eng'rs Local 324 v. Bourdow Contracting, Inc.

Citation:
18-1491 (6th Circuit, Mar 21,2019) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
CLAY, COOK, and LARSEN
Tag(s):

Maria Nino v. Flagstar Bank, FSB (In re Nino)

Citation:
Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
Judge(s):
Clay, McKeague and White, Circuit Judges
Tag(s):

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe (In re Greektown Holdings)

Citation:
18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.
Judge(s):
Clay and Griffin. Zouhary dissented.
Tag(s):

Doe v. Boland (In re: Boland)

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):

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

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):

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