Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 8 months ago
Citation:
13 FED App.0003P; BAP Case No. 12-8047
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed a ruling of the Northern District of Ohio Bankruptcy Court dismissing the debtors' Chapter 7 case as an abuse under the totality of the...
No. 12-6130, 2013 U.S. App. LEXIS 12138 (6th Cir. June 17, 2013)
Ruling:
The decisions of the bankruptcy court and the district court were reversed. The debtor is entitled to a statutory presumption that his IRA is tax-exempt. Though the debtor granted a lien in his...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
12 years 9 months ago
Citation:
2013 FED App. 0162P (6th Cir.)
Ruling:
Affirming the United States District Court for the Eastern District of Michigan, the Sixth Circuit Court of Appeals held that claims of fraud that are grounded in tangible property rights such as...
Judge(s):
Circuit Judges Boggs and White, Chief District Judge McCalla for the Western District of Tennessee, sitting by designation
Summarized by Laura Bartell , Wayne State University Law School
12 years 10 months ago
Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
In re: Appalachian Fuels, LLC, et al., B.A.P. Case No. 12-8026 (6th Cir. B.A.P. Apr. 19, 2013)
Ruling:
The BAP affirmed that the Bankruptcy Court did not abuse its discretion by denying administrative expense claims where there was insufficient evidence to pierce the corporate veil and impose...
Judge(s):
Harris, Humphrey, and Preston, Bankruptcy Appellate Panel Judges (Opinion by Arthur I. Harris)
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 11 months ago
Citation:
File Name: 13a0102p.06; Docket No. 12-2021
Ruling:
The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from...
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge...
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate...
