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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 3 weeks 3 days 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 month 5 days 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
- 4 months 1 week 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
- 6 months 1 week 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
- 1 year 2 months 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
- 1 year 3 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):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 1 year 7 months 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
- 1 year 7 months 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
- 2 years 21 min 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
- 2 years 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):
-
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