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...
Summarized by Laura Bartell , Wayne State University Law School
14 years 2 months ago
Citation:
2012 Fed. App. 0003P (6th Cir. BAP March 15, 2012)
Ruling:
Bankruptcy court abused its discretion in dismissing complaint to determine dischargeability of debt "with prejudice" when motion to dismiss sought dismissal "without prejudice".
The Bankruptcy Appellate Panel affirmed the ruling of the Bankruptcy Court for the Northern District of Ohio, which dismissed a Chapter 7 Trustee's complaint seeking to avoid a mortgage against the...
In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
14 years 2 months ago
Citation:
In re Martin, BAP 6th Cir., Case No. 11-8052
Ruling:
Bankruptcy Appellate Panel upheld sanctions against creditor for violation of discharge injunction. Creditor willfully violated discharge injunction when he filed a post-discharge state court...
Judge(s):
EMERSON, FULTON, and PRESTON. Opinion by Hon. Thomas J. Fulton
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 2 months ago
Citation:
12a0069p.06; Docket No. 10-2103
Ruling:
In affirming the rulings of the courts below overruling the objection of the Michigan Department of Treasury ("Treasury") to the debtor's protective claim, the Sixth Circuit Court of Appeals held...
Judge(s):
Martin, Gibbons and Steeh (District Judge); authored by Hon. Julia Smith Gibbons
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
14 years 3 months ago
Citation:
2012 FED App. 0001P (6th Cir.); Appellate Case No. 11-8066, on appeal from the U.S. Bankruptcy Court for the Eastern District of Kentucky at Adversary Case No. 11-5036
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit ruled that it was not an abuse of discretion to deny a creditor's motion to set aside a default judgment when the creditor failed to demonstrate...
Judge(s):
Arthur I. Harris
C. Kathryn Preston
Marilyn Shea-Stonum
Postpetition income of Chapter 13 debtors that becomes available after 401(k) loans are fully repaid is projected disposable income that must be turned over to trustee for distribution to creditors...
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
