IN RE: VILLAGE APOTHECARY, INC.

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 3 years 7 months ago

Citation:

21-1555 (6th Circuit, Aug 16,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy court may consider the results obtained by professionals in awarding fees under 11 U.S.C. Sec. 330(a)(3), even though it is not listed as a factor in the statute. The use of "including"...

Judge(s):

Gilman, Stranch and Nalbandian, authored by Nalbandian

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees

JPMorgan Chase Bank, N.A. v. Larry Winget

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 3 years 8 months ago

Citation:

Case No 21-1568, 2022 WL 2389287 (6th Circuit, Jul 01,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Revocation of Trust (whether voluntary or involuntary) constitutes fraudulent transfer as to creditors of Trust as revocation removes assets from reach of creditors of Trust.

Judge(s):

Thapar, and Sutton (Majority); Batchelder (Dissenting)

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Consumer Bankruptcy

In re Murray Energy Holdings

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 9 months ago

Citation:

21-8014 (6th Circuit, Jun 03,2022) Published

Case Status:

Affirmed

Ruling:

Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....

Judge(s):

Suzanne H. Bauknight; James L. Croom; and Alan C. Stout

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Labor/Employment
• Lender Liability
• Fed. R. Bankr. P. 8002(b); Fed. R. Bankr. P. 8003(a)(1); Fed. R. Bankr. P. 8003(a)(3); Fed. R. Bankr. P. 9024
• 11 U.S.C § 503(b)(9); 11 U.S.C § 502(a); 11 U.S.C § 1126(a)

In re: Curare Laboratory LLC

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 3 years 11 months ago

Citation:

22-8007 (6th Circuit, Apr 08,2022) Not Published

Case Status:

Dismissed

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel (BAP) denied a motion for leave to appeal an interlocutory ruling overruling an objection to employment of debtors' counsel. The BAP held the appeal...

Judge(s):

Croom, Dales and Mashburn

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Compensation/Fees
• Business Reorganization
• 11 U.S.C. §§ 327

In re Craig Steven Romanzi

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 3 years 11 months ago

Citation:

20-2278/21-1004, 2022 WL 1055497 (6th Circuit, Apr 08,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Court correctly confirmed Arbitration Award and District Court correctly affirmed Bankruptcy Court. Arbitration award correctly entered and entitled to confirmation and enforcement.

Judge(s):

Boggs, Thapar and Bush

Tag(s):

• 6th Circuit
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Consumer Bankruptcy

In re Michelle Dougherty-Kelsay

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 3 years 12 months ago

Citation:

19-8013, 2022 WL 830907 (6th Circuit, Mar 21,2022) Published

Case Status:

Affirmed

Ruling:

Creditor did not violate stay by seeking state court award of child support but did violate stay by asking state court to order Debtor to pay without limiting source of payment to post-petition...

Judge(s):

Dales, Mashburn and Price Smith

Tag(s):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C § 362

In re: George J. McPherson

• Summarized by J. Debbeler , Bricker Graydon LLP
• 3 years 11 months ago

Citation:

21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...

Judge(s):

Croom, Dales (dissenting) and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Consumer Bankruptcy
• Professional Practice Areas
• Bankruptcy Taxation
• Health Care
• Section 507(a)(8)

In re- Howard D. Juntoff

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 12 months ago

Citation:

21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...

Judge(s):

Alan C. Stout; James L. Croom; and Scott W. Dales

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007
• 11 U.S.C. § 507(a)(8)(A); 11 U.S.C. § 507(a)(8)(E)

In re: Lance Herschel Harrison

• Summarized by Ryan Heilman , Heilman Law PLLC
• 4 years 2 weeks ago

Citation:

21-8008 (6th Circuit, Feb 28,2022) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit B.A.P. affirmed the bankruptcy court's summary judgment order declaring debt to be nondischargeable on the basis of embezzlement and/or larceny. The Court held that although both...

Judge(s):

BAUKNIGHT, CROOM, and STOUT

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraud
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Commercial Fraud
• Uniform Commercial Code/Article 9
• 11 U.S.C. § 523(a)(4)

In re Jack Warren Harang

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 2 months ago

Citation:

21-8003 (6th Circuit, Dec 28,2021) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Sixth Circuit (BAP) affirmed the authority of a bankruptcy judge to impose conditions on the voluntary, but with prejudice, dismissal of an adversary...

Judge(s):

Scott W. Dales; Randal S. Mashburn; and Tracey N. Wise

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 7041 (Fed. R. Civ. P. 41); Fed. R. Bankr. P. 7037 (Fed. R. Civ. P. 37)
• 11 U.S.C § 303

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