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Summaries by Robert Miller

Stephenson v. Malloy

Citation:
Stephenson v. Malloy, Case No. 11-1671 (6th Cir. Oct. 30, 2012)
Ruling:
The Court joined a number of other Circuits in holding that a debtor's alleged wrongdoing cannot be the basis for judicial estoppel of a trustee who is the real party in interest and did not...
Judge(s):
Opinion authored by District Judge Reeves who was joined by Circuit Judges White and Siler.t
Tag(s):

Suhar v. Bruno (In re Neal)

Citation:
Suhar v. Bruno (In re Neal), Case No.11-8081 (B.A.P. 6th Cir. Sept. 28, 2012)
Ruling:
The Panel found that the Debtor's assumption of the marital credit card debt of the Debtor and the Defendant, as part of a separation agreement, should not impact whether the Debtor received...
Judge(s):
Judge Preston authored the opinion of the court and she was joined by Judge McIvor and Judge Emerson.
Tag(s):

Harchar v. U.S. (In re Harchar)

Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Tag(s):

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