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)...
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).
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
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...
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
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...
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...
Exemptions are determined by law based on Debtor's domicile for 730 days pre-petition, Bankruptcy Court conclusion that Debtor's domicile was in Ohio not erroneous.
