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Summaries by Ryan Heilman

In re Energy Future Holdings Corp.

Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

In re Somerset Regional Water Resources LLC

Citation:
19-1874 (3rd Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
Where the sole owner of a bankruptcy company pledged his "2015 Federal tax refund" as collateral for a debtor-in-possession loan in a Chapter 11 case, the Third Circuit affirmed the bankruptcy...
Judge(s):
AMBRO, KRAUSE, and BIBAS
Tag(s):

In re - Stuart Scott Snyder

Citation:
18‐1578‐bk (2nd Circuit, Sep 12,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
Tag(s):

Ronald J. Smith v. U.S. Bank National Association (In re Smith)

Citation:
19-8021 (6th Circuit, Dec 10,2019) Not Published
Case Status:
Dismissed
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel dismissed the appeal ruling (i) orders vacating the dismissal of a chapter 13 bankruptcy case and reinstating the case, and denying the Debtor’s...
Judge(s):
BUCHANAN, OPPERMAN, and WISE
Tag(s):

Teresa Chandler v. Peoples Bank & Trust Co.

Citation:
No.18-5361 (6th Circuit, Apr 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed dismissal of claims for breach of contract and violations of the Fair Credit Reporting Act, finding that Peoples Bank did not misapply a payment to the wrong month, even...
Judge(s):
GIBBONS, ROGERS, and STRANCH
Tag(s):

Church Joint Ventures, L.P. v. Earl Blasingame (In re Blasingame)

Citation:
Nos. 18-8010/8013/8018 (6th Circuit, Apr 15,2019) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
Judge(s):
Opperman, Price Smith, and Wise
Tag(s):

Operating Eng'rs Local 324 v. Bourdow Contracting, Inc.

Citation:
18-1491 (6th Circuit, Mar 21,2019) Published
Case Status:
Affirmed
Ruling:
Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...
Judge(s):
CLAY, COOK, and LARSEN
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

IN RE: SMITH

Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

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