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Summaries by Thomas DeCarlo

In re Wright

Citation:
16-8019, 2017 WL 1371293 (6th Circuit, Apr 17,2017) Published
Case Status:
Affirmed in part and Reversed in part
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):

Panther Petroleum, LLC v. Couch

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):

Montedonico v. Blasingame (In re Blasingame)

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):

Grant v. Granader (In re Granader)

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):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

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):

In re Tench

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):

Gaft, et al. v. Sheidler (In re Sheidler)

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):

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