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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 3 years 10 months ago
- Ruling:
- Property listed in schedules and not administered before case is closed is abandoned to the debtor and is not subject to later administration. Property that is not listed in schedules is not...
- Judge(s):
- Harrison, Preston and Wise
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 2 weeks ago
- Citation:
- 15-1924 (6th Cir. 2017) (6th Circuit, Feb 06,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Lower Court must follow mandate issued by appellate court. District Court cannot entertain any legal arguments or enter any orders other than specifically directed in mandate.
- Judge(s):
- Keith, Batchelder & Clay
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 3 weeks ago
- Citation:
- 2017 WL 444644 (6th Circuit, Feb 02,2017) Published
- Case Status:
- Affirmed
- Ruling:
- State Court Default Judgment based on defendant's failure to appear and participate entitled to collateral estoppel effect in later action to except debt from discharge under Sections 523(a)(2) and...
- Judge(s):
- Opperman, Harrison & Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 3 months ago
- Citation:
- 2016 WL 6575045 (6th Cir. BAP 2016)
- Ruling:
- Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding...
- Judge(s):
- Harrison, Humphrey, Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 4 months ago
- Citation:
- 2016 WL 5936797 (6th Cir. 2016)
- Ruling:
- Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
- Judge(s):
- Boggs, Suhreinrich, McKeague
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 6 months ago
- Citation:
- 2016 WL 4437606 (6th Cir. 2016)
- Ruling:
- District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
- Judge(s):
- Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 6 months ago
- Citation:
- 2016 WL 4147641 (6th Cir. BAPp 2016)
- Ruling:
- Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...
- Judge(s):
- Delk, Humphrey, Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 9 months ago
- Citation:
- Case No. 15-8026 (6th Cir. BAP 2016)
- Ruling:
- There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
- Judge(s):
- Delk, Humphrey, Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 4 years 11 months ago
- Citation:
- Case No. 15-8011 (6th Cir. BAP 2016)
- Ruling:
- Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements...
- Judge(s):
- Harrison, Humphrey and Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 5 years 7 months ago
- Citation:
- Case No. 14-2347 (6th Cir. 2015)
- Ruling:
- Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
- Judge(s):
- Boggs, Batchelder and Huck (District Judge)
- Tag(s):
-
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