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Summaries by Dean Langdon

In re: Kathy Ellen Richards -

Citation:
22-8002 (6th Circuit, Aug 25,2022) Published
Case Status:
Affirmed
Ruling:
Acknowledging that exemptions are to be liberally construed on behalf of debtors, the Sixth Circuit BAP affirmed the bankruptcy court decision disallowing the debtor's claimed homestead exemption...
Judge(s):
Bauknight, Dales and Gustafson; Opinion by Gustafson
Tag(s):

IN RE: VILLAGE APOTHECARY, INC.

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):

In re: Curare Laboratory LLC

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):

In re Ronald Smith

Citation:
20-3150 (6th Circuit, Jun 09,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...
Judge(s):
Gibbons, Kethledge and Murphy; Opinion by Kethledge
Tag(s):

In re Camile Davis

Citation:
19-3117 (6th Circuit, Jun 01,2020) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
Tag(s):

In re Donnadio

Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

In re Roberson

Citation:
17-8041 (6th Circuit, May 30,2019) Not Published
Case Status:
Affirmed
Ruling:
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
Judge(s):
Buchanan, Dales and Humphrey, opinion by Buchanan
Tag(s):

Nathaniel Hake v. Michael Simpson

Citation:
18-3785 (6th Circuit, May 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the dismissal of plaintiff's complaint under the Rooker-Feldman doctrine, holding that while there is an exception to Rooker-Feldman for injuries caused by a...
Judge(s):
Clay, Gilman and Kethledge; Opinion by Clay
Tag(s):

In re Earl Blasingame

Citation:
18-5549/5623 (6th Circuit, Apr 03,2019) Published
Case Status:
Affirmed
Ruling:
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
Judge(s):
Griffin, Kethledge and Thapar; Opinion by Thapar
Tag(s):

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

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