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In re Carol Engen

Summarizing by Bradley Pearce

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Summaries by Scott Whitacre

In re Appalachian Fuels, LLC

Citation:
In re: Appalachian Fuels, LLC, et al., B.A.P. Case No. 12-8026 (6th Cir. B.A.P. Apr. 19, 2013)
Ruling:
The BAP affirmed that the Bankruptcy Court did not abuse its discretion by denying administrative expense claims where there was insufficient evidence to pierce the corporate veil and impose...
Judge(s):
Harris, Humphrey, and Preston, Bankruptcy Appellate Panel Judges (Opinion by Arthur I. Harris)
Tag(s):

Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC

Citation:
Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, Case No. 11-1954 (6th Cir. Oct. 22, 2012) (recommended for publication).
Ruling:
In a non-bankruptcy debt collection matter, the 6th Circuit reversed the District Court and held that a condominium association assessment was a “debt” regulated by the Fair Debt Collection...
Judge(s):
Siler, Kethledge, and District Court Judge Graham (by designation)
Tag(s):

In re Cline

Citation:
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
Judge(s):
Harris, Emerson, and Shea-Stonum
Tag(s):

Rossi v. Westenhoefer (In re Rossi)

Citation:
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Judge(s):
Fulton, Harris, and Preston
Tag(s):

LRI III, Ltd. v. Halla (In re LRI III, Ltd.)

Citation:
No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR. R. 47.5.4)
Ruling:
The Fifth Circuit Court of Appeals agreed with the bankruptcy court and held that a Chapter 11 plan was ambiguous because (1) it did not explicitly state the manner in which a subordinated creditor...
Judge(s):
Reavley, Elrod and Haynes
Tag(s):

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