The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did...
Judge(s):
Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 3 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under...
Assignee of a perfected security interest in a motor vehicle is not required to note its assignment or lien on the certificate of title in order to maintain its perfected status. The assignee of...
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
14 years 4 months ago
Citation:
Case No. 11-8029 File Name 11b0009n.06
Ruling:
The BAP affirmed the Bankruptcy Court for the Northern District of Ohio Order Denying Motion to Reopen Adversary Proceeding and to Reconsider Court's prior Order that a settlement exsited between...
In re: Hollington, Case No. 10-8086, File No. 11b0008n.06
Ruling:
The BAP affirmed the ruling of the Bankruptcy Court of for Northern District of Ohio without opinion, the BAP panel having found that there was no factual error or error of law, that even though...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 5 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
