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Summaries by Ryan Heilman

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):

Edmondson v. Gordon (In re Gordon)

Citation:
12-09605 (6th Circuit, May 18,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court's contempt finding and remanded for determination of amount of sanctions to be awarded. The Panel affirmed the Bankruptcy...
Judge(s):
DELK, HUMPHREY, and OPPERMAN
Tag(s):

Giacchi v. U.S.A.

Citation:
15 - 3761 (3rd Circuit, May 05,2017) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court's ruling that the Debtor's late filed tax documents did not constitute returns under 11 U.S.C. § 523(a)(1)(B). Adopting the ruling...
Judge(s):
FISHER, GREENAWAY, JR. and ROTH
Tag(s):

Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

Citation:
16-2827 (2d Circuit, Mar 21, 2017) (2nd Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
Tag(s):

Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

Citation:
Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).
Ruling:
The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or...
Judge(s):
STRAUB, CHIN, and CARNEY
Tag(s):

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