Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
13 years 5 months ago
Citation:
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling:
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...
Judge(s):
Jeffrey S. Sutton
Richard Allen Griffin
Helene N. White
Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, Case No. 11-1954 (6th Cir. Oct. 22, 2012) (recommended for publication).
Ruling:
In a non-bankruptcy debt collection matter, the 6th Circuit reversed the District Court and held that a condominium association assessment was a “debt” regulated by the Fair Debt Collection...
Judge(s):
Siler, Kethledge, and District Court Judge Graham (by designation)
Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 5 months ago
Citation:
Suhar v. Bruno (In re Neal), Case No.11-8081 (B.A.P. 6th Cir. Sept. 28, 2012)
Ruling:
The Panel found that the Debtor's assumption of the marital credit card debt of the Debtor and the Defendant, as part of a separation agreement, should not impact whether the Debtor received...
Judge(s):
Judge Preston authored the opinion of the court and she was joined by Judge McIvor and Judge Emerson.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 6 months ago
Citation:
No. 1:10-cv-1298 (6th Cir. Sept. 14, 2012)
Ruling:
In AFFIRMING the district court, the Sixth Circuit Court of Appeals found that language in a stipulated cease-and-desist order requiring a parent corporation to "ensure" that its subsidiary, a...
Judge(s):
Martin and Daughtrey, Circuit Judges; Maloney, District Judge sitting by designation.
Reversing grant of summary judgment to plaintiffs on their claim that debtor's debt to them was nondischargeable under Section 523(a)(4) based on the issue preclusive effect of a prior state...
The Sixth Circuit upheld the bankruptcy court's judgment which found that the defendants had received a fraudlent transfer under 11 U.S.C. sec. 544(b) and Florida Uniform Fraudulent Transfer Act...
Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 6 months ago
Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Zingale v Rabin, (In re Zingale), Case no. 11-3740
Ruling:
Ohio Rev. Code Ann. section 2329.66(A)(9)(g) allows a debtor to claim an exemption in "payments" made under Section 24 or 32 of the Internal Revenue Code. Section 24 establishes the child tax...
Judge(s):
Siler and White, Circuit Judges; Reeves, District judge.
