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...
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.
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...
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)
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...
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.
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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 7 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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 8 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.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 10 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)
