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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 3 months 2 weeks ago
- Citation:
- 20-8015, 2021 WL 212361 (6th Circuit, Jan 21,2021) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Bankruptcy Court erred in denying motion to extend time to file notice of appeal were Court did not consider Pioneer factors
- Judge(s):
- Buchanan, Mashburn and Price Smith
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 9 months 4 weeks ago
- Citation:
- 2020 WL 3833069; Case no. 19-8026 (6th Circuit, Jul 08,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Secured creditor does not violate discharge injunction by refusing to release lien on collateral surrendered by Debtor.
- Judge(s):
- Buchanan, Croom, and Price Smith
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 10 months 1 week ago
- Citation:
- 19-8022, 2020 WL 3498438 (6th Circuit, Jun 29,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy Court has discretion to dismiss case for bad faith with 3 year bar to refiling.
- Judge(s):
- CROOM, MASHBURN and WISE,
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 10 months 2 weeks ago
- Citation:
- No. 19-8024; 2020 WL 3397838 (6th Cir. BAP 2020) (6th Circuit, Jun 19,2020) Published
- Case Status:
- Dismissed
- Ruling:
- Appellate Court lacks authority to consider issue not considered or ruled on by Lower Court.
- Judge(s):
- BUCHANAN, DALES, and WISE
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 12 months 1 day ago
- Citation:
- Case No. 19-6200, 2020 WL 2317493 (6th Circuit, May 11,2020) Published
- Case Status:
- Reversed
- Ruling:
- Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...
- Judge(s):
- Moore, McKeague and Readler
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 1 week ago
- Citation:
- 2020 WL 2025906, Case No. 19-8017/8018/8019 (6th Cir. BAP 2020) (6th Circuit, Apr 27,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Court affirmed imposition of sanctions against Debtor's counsel for filing two different petition for relief for Decedent's estate. Counsel knew or should have known that Decedent's estate is not...
- Judge(s):
- Croom, Price-Smith & Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 3 months ago
- Citation:
- 19-8007 (6th Circuit, Jan 28,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- Motion to Dismiss Chapter 11 Case denied where Creditor/Franchisor did not validly terminate franchise agreement pre-petition, affording Debtor opportunity to assume Franchise Agreement and...
- Judge(s):
- Buchanan, Harrison & Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 5 months ago
- Citation:
- 19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...
- Judge(s):
- Wise, Buchanan and Harrison
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 2 years 1 month ago
- Ruling:
- Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.
- Judge(s):
- Buchanan, Dales and Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 2 years 2 months ago
- Citation:
- 18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.
- Judge(s):
- Clay and Griffin. Zouhary dissented.
- Tag(s):
-
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