Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 9 months ago
Citation:
File Name 12a0172p.06; Docket Nos. 10-5480/5491
Ruling:
Affirming the rulings of the District Court for the Middle District of Tennessee, the Sixth Circuit Court of Appeals held that a depository bank with custody (but not control) of ERISA accounts was...
Judge(s):
Merritt, Cook and Cox (District Judge); authored by Cook; dissent by Merritt
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
Summarized by Laura Bartell , Wayne State University Law School
13 years 9 months ago
Citation:
2012 Fed App 0006P (6th Cir. BAP Apr. 23, 2012)
Ruling:
Affirmed grant of summary judgment by bankruptcy court to chapter 7 trustee avoiding lien on manufactured home under Section 544 because lien was not perfected under Kentucky law. Creditor had...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
13 years 10 months ago
Citation:
20012 FED App. 0005P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened...
Judge(s):
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
In an opinion not recommended for full-text publication, the Sixth Circuit Court of Appeals affirmed decisions by the District Court and Bankruptcy Court for the Northern District of Ohio which...
Judge(s):
Gibbons, Sutton and Duggan (by designation); opinion by Sutton
Summarized by Laura Bartell , Wayne State University Law School
13 years 11 months ago
Citation:
2012 Fed. App. 0004P (6th Cir. BAP Apr. 18, 2012)
Ruling:
Appellant had standing to bring motion to dismiss for abuse; bankruptcy court did not abuse its discretion in dismissing debtor's case under section 1112(b); bankruptcy court did not abuse its...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
13 years 11 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 12 months ago
Citation:
Oster v. Clarkston State Bank (In re Oster), Case No. 11-1388 (6th Cir. Mar. 26, 2012) (Not Recommended for Full-Text Publication)
Ruling:
The Sixth Circuit Court of Appeals (the “Circuit Court”) affirmed the district court’s ruling, which, in turn, had affirmed the bankruptcy court’s determination that Claude Oster’s (the...
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
