Sixth Circuit Bankruptcy Appellate Panel held that denial of chapter 13 Debtor's attorney's application for fees and expenses was not an abuse of discretion and that, under the facts of the case,...
Summarized by Dean Langdon , DelCotto Law Group PLLC
15 years 4 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
The Bankruptcy Appellate Panel holds the bankruptcy court for the Southern District of Ohio did not err in finding University of Cincinnati law professor Christo Lassiter in contempt for violating...
Bankruptcy Court abused its discretion in dismissing case for "lack of prosecution" as sole "cause" for dismissal under 11 U.S.C. § 1307(c) when it failed to make any findings that delays...
Judge(s):
Marci B. McIvor, G. Harvey Boswell, Marilyn Shea-Stonum
Summarized by Dean Langdon , DelCotto Law Group PLLC
15 years 5 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
The IRS acted within its discretion in applying a prepetition overpayment of taxes to a discharged prepetition tax liability under section 6402(a) of the Internal Revenue Code. However, the...
United States Court of Appeals for the Sixth Circuit, Case No. 09-1870, Opinion Affirming District Court Ruling, September 30, 2010.
Ruling:
Chapter 7 Trustee’s claim against Deloitte & Touche LLP, for professional negligence failed to state claim because Michigan state law “sole-actor rule” prevented Trustee from establishing...
Judge(s):
Gilman and White, Circuit Judges; Watson, District Judge sitting by designation; All concurring. Opinion by Ronald Lee Gilman, Circuit Judge.
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
15 years 6 months ago
Citation:
6th Circuit Court of Appeals, Case No. 09-3692 (September 27, 2010)
Ruling:
The 6th Circuit Court of Appeals affirmed a judgment of the district court in holding that a lawsuit filed by former employees of Owens Corning against the fiduciaries of their retirement plan was...
Summarized by Laura Bartell , Wayne State University Law School
15 years 6 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
Under plain language of section 1322(e), amount of arrearages which must be cured under section 1322(e) includes fees and costs permitted by contract terms and applicable nonbankruptcy law even for...
A chapter 13 debtor who is repaying a 401(k) loan, but not making any 401(k) contriubtions at the time the bankruptcy petition is filed, cannot use the income which becomes available when the loans...
Summarized by Laura Bartell , Wayne State University Law School
15 years 6 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
State court judgment against debtor for abuse of process, intentional infliction of emotional distress, civil conspiracy and concert of action was preclusive on issues of damages and liability, but...
