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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 2 years 4 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
- 2 years 4 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 8 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
- 2 years 10 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
- 2 years 10 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
- 3 years 1 month 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
- 3 years 6 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
- 3 years 7 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):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 3 years 8 months ago
- Citation:
- 16-8036 (6th Circuit, Jun 20,2017) Published
- Case Status:
- Reversed
- Ruling:
- Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
- Judge(s):
- Delk, Preston and Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 3 years 10 months ago
- Citation:
- Case No. 16-1812, 2017 WL 1573827 (6th Circuit, May 02,2017) Published
- Case Status:
- Reversed
- Ruling:
- Assignment of Rents conveys ownership of rents to assignee upon default. Debtor has no interest in rents after default, and rents are not property of Debtor's estate in subsequent Chapter 11...
- Judge(s):
- Clay, Gibbons and Stranch (on brief for the Court)
- Tag(s):
-
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