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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 month 2 weeks 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 months 3 weeks 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):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 6 months 3 weeks ago
- Citation:
- Case No. 18,8004, 2018 WL 5295879 (6th Circuit, Oct 24,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Rule 60(b) Motion for Relief From Order for excusable neglect denied
- Judge(s):
- Buchanan, Dales, Humphrey
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 7 months 10 hours ago
- Citation:
- Case No. 18-5157/5161, 2018 WL 4997779 (6th Cir. 2018) (6th Circuit, Oct 16,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Appeal of Order Denying Motion for Relief From Stay dismissed where Notice of Appeal filed after deadline.
- Judge(s):
- Sutton, McKeague and Thapar
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 11 months 2 weeks ago
- Citation:
- 17-8029, 2018 WL 2711204 (6th Circuit, Jun 06,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Creditor cannot assert derivative standing to bring adversary proceeding where Trustee does not have standing in first instance.
- Judge(s):
- Humphrey, Opperman and Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 1 month ago
- Citation:
- 2018 WL 1798228, Case Number 16-8045 (6th Cir. BAP 2018) (6th Circuit, Apr 16,2018) Published
- Case Status:
- Dismissed
- Ruling:
- Appeal of Confirmation of Chapter 11 Plan dismissed as equitably moot.
- Judge(s):
- Harrison, Opperman, Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 1 month ago
- Citation:
- 17-8004, 2018 WL 159585 (6th Circuit, Apr 06,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Exemptions are determined by law based on Debtor's domicile for 730 days pre-petition, Bankruptcy Court conclusion that Debtor's domicile was in Ohio not erroneous.
- Judge(s):
- Delk, Harrison, Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 4 months ago
- Citation:
- 2018 WL 300438 (6th Circuit, Jan 05,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy Court correctly dismissed Chapter 13 based on material defaults under confirmed plan where Debtor stopped making plan payments and refused to surrender property notwithstanding plan that...
- Judge(s):
- Moore, Thapar and Larsen
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 9 months ago
- Ruling:
- District Court correctly enjoined defendants, accused of fraudulently obtaining loans from Credit Union, from disposing of assets other than as necessary for living expenses. District Court erred...
- Judge(s):
- Sutton, McKeague, Thapar
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 10 months ago
- Citation:
- 16-6603, 2017 WL 2990162 (6th Circuit, Jul 14,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
- Judge(s):
- Moore, Gilman and Cook
- Tag(s):
-
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