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Summaries by Thomas DeCarlo
- 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):
-
- 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):
-
- 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):
-
- Citation:
- 20-8013, 2021 WL 1923658 (6th Circuit, May 13,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Creditor's Counsel's law firm and Counsel personally liable for violation of discharge injunction by continuing garnishment proceedings on discharged debt and failing to return improperly garnished...
- Judge(s):
- Croom, Wise and Dales (concurringin part and dissenting in part)
- Tag(s):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
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