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Summaries by Scott Whitacre
- 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):
-
- 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):
-
- Citation:
- No. 11-8062 (BAP 6th Cir., June 22, 2012)
- Ruling:
- The 6th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s judgment refusing to order damages for a violation of the automatic stay and dismissing the claim that the repossession...
- Judge(s):
- Shea-Stonum, McIvor, Preston
- Tag(s):
-
- 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):
-
- 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):
-
- 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- No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR.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):
-
