The Court of Appeals affirmed the District Court's decision, holding that collateral estoppel precludes Spitzer from challenging the original no-preclusion decision that it had intentionally failed...
Judge(s):
NORRIS, ROGERS, and BUSH (opinion of Court by ROGERS)
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)
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...
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
Bankruptcy Court correctly dismissed Chapter 13 based on material defaults under confirmed plan where Debtor stopped making plan payments and refused to surrender property notwithstanding plan that...
The Sixth Circuit BAP held the notice provided by the Bankruptcy Court's order of May 29, 2015 was not reasonably calculated to give the Debtor notice of what issues would be considered at June 2,...
Judge(s):
Humphrey, Opperman and Preston. Opinion by Preston
Sixth Circuit holds that an action taken in violation of an automatic stay may be validated in either of two ways: (i) by the bankruptcy court annulling the stay which permits the order to operate...
Judge(s):
Guy, Clay and White, Circuit Judges (opinion by White with dissent by Clay)
