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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 2 weeks 1 day 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
- 8 months 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
- 9 months 2 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
- 1 year 1 month 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 1 month 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
- 1 year 6 months 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 7 months 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 8 months 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 11 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
- 2 years 4 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):
-
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