Adell v. Honigman, Miller, Schwartz & Cohn, LLP (In re John Richards Homes Building Company, LLC), Case Nos. 12-2012, 12-2013, 12-2014, and 12-2015 (6th Cir. Nov. 20, 2013) (unpublished).
Ruling:
The Sixth Circuit Court of Appeals held that (i) a bankruptcy court has the power to enter an award of attorneys' fees for enforcing a judgment entered under 11 U.S.C. § 303(i) and for collateral...
The 6th Circuit ruled that Plaintiff Tyler's claim was based on a pre-petition violation and thus, property of the bankruptcy estate, which he failed to disclose at any time; affirming the...
Judge(s):
BOGGS and SILER, Circuit Judges; and DOWD, District Judge (Judge Dowd (ND OH), sitting by designation.)
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 6 months ago
Citation:
File Name 13a0941n.06; Docket No. 12-6567
Ruling:
In an opinion not recommended for publication, the Sixth Circuit Court of Appeals affirmed the ruling of the District Court for the Eastern District of Tennessee finding the Chapter 7 debtor was...
Judge(s):
Rogers, Cook and Van Tatenhove, District Judge. Opinion by Van Tatenhove.
Sixth Circuit affirmed original decision of the bankruptcy court and reinstated its award of $47,635.27 to the chapter 7 bankruptcy estate for fraudulent transfers arising out of a divorce...
The judgment of the district court was affirmed. The claims asserted by the debtor are property of his bankruptcy estate and have not been abandoned by the trustee. All causes of action that...
___F3d. ___(6th Cir. 2013); Case No. 12-8050 (October 7, 2013)
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's decision that the total amount of a state court judgment taken against the Debtor which contained both damages for actual loss and...
Judge(s):
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge
JOAN A. LLOYD, Bankruptcy Appellate Panel Judge
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 8 months ago
Citation:
2013 FED App.004P (6th Cir.) File No.13b0004p.06
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Southern District of Ohio reopening the debtors' bankruptcy, and remanded the case to the...
Summarized by Laura Bartell , Wayne State University Law School
12 years 8 months ago
Citation:
No. 12-6424 (6th Cir. Sept. 6, 2013)
Ruling:
Affirming decision of district court finding indemnification obligations for payments on performance bond insurance were non-dischargeable under 11 U.S.C. 523(a)(4). Court held that creditor...
Judge(s):
Cole and Donald, Circuit Judges, and Marbley, District Judge
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 8 months ago
Citation:
BAP Nos. 12-1643 and 13-1049 (9th Cir. BAP 2013)
Ruling:
BAP affirmed bankruptcy court imposition of sanctions against debtor's former counsel, including award of attorney fees to debtor's new counsel of approximately $45,000; suspension from filing new...