Summarized by Jason Stitt , Keating Muething & Klekamp PLL
11 years 10 months ago
Citation:
Spradlin v. Richard, 2014 FED App. 0518N (6th Cir. July 15, 2014)
Ruling:
Sixth Circuit AFFIRMED the district court's affirmance of the bankruptcy court's award of sanctions; VACATED the district court's reversal of the bankruptcy court's motion to extend time and denial...
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Neal v. First Alliance Bank, Case No. 13-6531 (July 9, 2014).
Ruling:
Applying Tennessee law, the Sixth Circuit affirmed the District Court's decision sustaining the Chapter 7 Trustee's objection to the Debtors' attempt to exempt two annuities.
Summarized by Brian Meldrum , Kaplan Johnson Abate & Bird LLP
12 years 9 hours ago
Citation:
Case No. 13-8033; File Name 14b0004n.06
Ruling:
Party's pre-petition initiation of criminal proceedings for criminal theft against debtor, and post-petition cooperation with county attorney, did not constitute violation of automatic stay. Panel...
Bankruptcy Appellate Panel of the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Northern District of Ohio which held that real property transferred in error by the Debtor to...
Judge(s):
BAP- Harriosn, Emerson & LLoyd
Bankruptcy Court: Jessica Price Smith
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
12 years 1 week ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 1 month ago
Citation:
File 14a0275n.06; Docket No. 13-5810
Ruling:
In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against...
___F3d. ___(6th Cir. 2013); Case No. 13-8010 (March 26, 2014)
Ruling:
The Bankruptcy Appellate Panel (BAP) reverses the bankruptcy court's decision that the debt owed to the lender is dischargeable and remands for determination regarding the amount of damages. The...
Judge(s):
GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge [Opinion]
GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
The Sixth Circuit BAP dismissed the appeal by a Chapter 7 Debtor of an order granting relief from the automatic stay ("Order") to a first mortgagee (whose mortgage debt was greatly in excess of the...
Judge(s):
Joan A. LLoyd (author) with other BAP Judges Emerson and Harrison
