A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
The 6th Circuit ruled that Plaintiff Tyler's claim was based on a pre-petition violation and thus, property of the bankruptcy estate, which he failed to disclose at any time; affirming the...
Judge(s):
BOGGS and SILER, Circuit Judges; and DOWD, District Judge (Judge Dowd (ND OH), sitting by designation.)
Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
