Summarized by Dean Langdon , DelCotto Law Group PLLC
9 years 11 months ago
Citation:
File Name 16a0324n.06; Docket No. 15-3146
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015),...
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling:
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 3 days ago
Citation:
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling:
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel...
Summarized by Laura Bartell , Wayne State University Law School
10 years 4 weeks ago
Citation:
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling:
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 1 month ago
Citation:
Case No. 15-8011 (6th Cir. BAP 2016)
Ruling:
Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 2 months ago
Citation:
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling:
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid...
Harger v Jones (In re Jones), 16 Fed App.0001P(6th Cir. March 3, 2016)
Ruling:
The Sixth Circuit BAP held that the bankruptcy court erred as a matter of law in awarding attorneys' fees as sanctions under Rule 9011 on a sua sponte basis and abused its discretion in imposing...
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling:
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 3 months ago
Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
