Bankruptcy Appellate Panel of the Sixth Circuit Court Cases
In Re Periandri (2001)The Chapter 7 trustee appeals the bankruptcy court's order granting summary judgment to Norwest Bank Minnesota, N.A. ("Norwest") based on Ohio's lis pendens statute, Ohio Rev.Code § 2703.26. The bankruptcy court's order assumes that the Chapter 7 trustee could not obtain the status of a bona fide purchaser under Ohio law in order to avoid Norwest's mortgage under 11 U.S.C. § 544(a)(3) due to the constructive notice provided by Norwest's foreclosure action that was pending in state court when [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 00-8087
In Re Morgeson (2007)Accredited Home Lenders ("Accredited") appeals the entry of summary judgment by the bankruptcy court in favor of the Chapter 7 Trustee ("the Trustee") in an adversary proceeding in which the Trustee sought a determination of the validity and extent of Accredited's mortgage against the debtors' real estate, which was subject to the Ohio Land Registration Act. In granting summary judgment, the bankruptcy court found that Accredited's mortgage interest in the debtors' real estate ("the property") [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 06-8070
In Re Eubanks (1998)
First Union Mortgage Corporation appeals the bankruptcy court's orders overruling objections and confirming the Debtor's Chapter 13 plan. The bankruptcy court held that the 1994 enactment of 11 U.S.C. § 1322(c)(2) created an exception to the protection from modification in § 1322(b)(2) that permitted a Chapter 13 plan to bifurcate an undersecured "short term" mortgage on the debtors' principal residence. We affirm.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP Nos. 97-8078, 97-8084
In Re Gibson (1998)During their marriage, Michael A. Gibson, the Debtor, and his former spouse, Pattianne Gibson, borrowed money (the "Note") from Robert Perdue, the Debtor's stepfather. When the parties ended their marriage, the Ohio domestic relations court's final Dissolution Decree incorporated their Separation Agreement, which provided the Debtor "shall pay" the Note. The Debtor filed bankruptcy and included Ms. Gibson and his stepfather as creditors. Ms. Gibson, who had been sued by the stepfather for her [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 97-8075
In Re Sharon (1999)
1) Whether the bankruptcy court correctly determined that TranSouth violated the automatic stay by withholding possession of the Chapter 13 Debtor's car after demand and tender of adequate protection by the Debtor.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 98-8034
In Re Wicheff (1998)Ruth Wicheff (the "Debtor"), appeals the bankruptcy court's denial of her claim to an exemption in insurance renewal commissions. The Debtor also appeals the bankruptcy court's order finding her in contempt of court for failing to abide by the court's interim order which required her to turn over all postpetition insurance renewal commissions to Richard A. Baumgart, the Chapter 7 Trustee (the "Trustee"). The Panel affirms the bankruptcy court's orders granting summary judgment and sustaining [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP Nos. 97-8080, 97-8081, 97-8082
General Electric Credit Equities, Inc. ("GE") appeals an order of the bankruptcy court confirming the chapter 11 reorganization plan of Brice Road Developments, L.L.C. ("Debtor"). GE objected to confirmation of the plan on the basis that the plan was not feasible as required by 11 U.S.C. § 1129(a)(11) and the plan was not fair and equitable as required by 11 U.S.C. § 1129(b)(2) because it provided for an improper interest rate on GE's secured claim, undervalued GE's collateral, and failed to [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 06-8093
In Re Murray, Inc. (2008)
William Kaye, Trustee of the Murray Liquidating Trust ("Trustee"), appeals an order of the bankruptcy court dismissing his adversary complaint against Agripool, SRL ("Agripool") to avoid certain payments as preferential transfers and recover $271,242.90 pursuant to 11 U.S.C. §§ 547 and 550. The bankruptcy court found that Agripool proved the ordinary course of business defense under 11 U.S.C. § 547(c)(2). For the reasons that follow, we reverse and remand.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 07-8064
In Re Fordu (1997)The Chapter 7 Trustee filed a complaint to avoid certain prepetition transfers made by the Debtor, Daniel J. Fordu, to Julie A. Fordu, his former spouse ("Ms. Fordu"), under a Separation Agreement in a dissolution proceeding. Specifically, the Trustee seeks to avoid the transfer of the Debtor's interest in the proceeds of a winning lottery ticket and a marital residence, as being either fraudulent or preferential transfers under Ohio law. The bankruptcy court entered partial summary judgment [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP Nos. 97-8020, 97-8021
In Re Hamo (1999)The bankruptcy court rendered two separate decisions in this case, and the Debtor appealed both. First, the bankruptcy court denied the Debtor's discharge, pursuant to 11 U.S.C. §§ 727(a)(2)(A) & (B) and (a)(4)(A), finding that he intentionally omitted information on his petition and made a false oath or account on the petition and other documents filed with the bankruptcy court. Second, the bankruptcy court determined that only $20,000 of the Debtor's $96,000 IRA was exempt under OHIO [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP Nos. 98-8073, 98-8074
The issue presented is whether the bankruptcy court erred in determining that the appellant is not entitled to allowance of an administrative expense claim as a result of the debtor in possession's postpetition use of trucks in which the appellant holds security interests.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 04-8062
In Re Kimbro (2008)
This appeal requires the Panel to decide whether in the means test of 11 U.S.C. §.707(b)(2)(A)(ii)(I), a debtor may deduct an "ownership expense" for a vehicle that is subject to neither secured debt nor a lease. For the reasons stated herein, the Panel concludes that the debtor is entitled to that expense deduction and affirms the decision of the bankruptcy court.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 07-8052
In Re Eastown Auto Co. (1998)Booher Enterprises ("Booher"), Don E. Graham and Jamie Smith filed an involuntary Chapter 7 petition against Eastown Auto Co. ("Eastown"). Eastown filed a motion to dismiss, asserting that an insufficient number of eligible creditors had signed the petition. The bankruptcy court found that because Eastown had more than twelve eligible creditors, the bankruptcy code required that at least three eligible petitioning creditors join the petition. The bankruptcy court also found that two of the [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP Nos. 97-8056, 97-8057
In Re Boggs (2000)On June 8, 1999, the plaintiffs filed a motion for leave to appeal an order entered by the bankruptcy court on May 25, 1999. The bankruptcy court denied the motion, holding that the plaintiffs had not demonstrated excusable neglect for failing to file their notice of appeal or motion for extension of time to appeal within the 10 day time period required by FED. R. BANKR.P. 8002. The plaintiffs then appealed the denial of their motion for leave to appeal. The Panel has unanimously determined [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 99-8057. Bankruptcy No. 97-50941. Adversary No. 97-0122
In Re Mathews (1997)
The United States of America appeals bankruptcy court orders requiring turnover to the debtor of $697.40 received by the Internal Revenue Service after the debtor's bankruptcy petition pursuant to a prepetition levy on the debtor's wages. Compelling facts and a mistaken interpretation of the debtor's exemption rights require reversal of the bankruptcy court.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 97-8014
In Re Fox (2007)
ON BRIEF: John J. Rutter, John W. Becker, Bruce R. Schrader, Roetzel & Andress, Akron, Ohio, for Appellant. Richard G. Zellers, Melody Dugic Gazda, Richard G. Zellers & Associates, Canfield, Ohio, for Appellee.
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 06-8043
In Re Forbes (2007)This appeal involves an alleged fraudulent transfer by Cheryl Forbes (the "Debtor") to her sister, D. Lavonne Eiseman ("Eiseman"). The disputed transfer occurred when the Debtor's ex-husband, Gregory Forbes ("Greg Forbes"), loaned approximately $157,000 to Eiseman. Eiseman used those funds as a down payment toward the purchase of a house for the Debtor in Lodi, California and subsequently, in Versailles, Kentucky. The bankruptcy court found that the $157,000 down payment on the Lodi property [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 06-8075
In Re Petro (2008)ARGUED: Henry E. Hildebrand, III, Office of Chapter 13 Trustee, Nashville, TN, for Appellant. Richard Haywood Thomson, Clark & Washington, Atlanta, GA, for Appellees. Michael E. Ridgway, Executive Office for United States Trustees, Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Henry E. Hildebrand, III, Tracy L. Schweitzer, Office of Chapter 13 Trustee, Nashville, TN, for Appellant. Mary Beth Ausbrooks, Clark & Washington, Nashville, TN, for Appellees. P. Matthew [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 08-8009
In Re Bailey (2000)The bankruptcy court entered a judgment that obligations in the amount of $20,000 that the debtor, Bryant Bailey, owes to Kimberly Bailey are in the nature of support and are thus nondischargeable pursuant to 11 U.S.C. § 523(a)(5). The Panel agrees with the bankruptcy court that the obligations identified in the bankruptcy court's judgment are in the nature of support and therefore nondischargeable. Accordingly, that aspect of the bankruptcy court's judgment is AFFIRMED. However, the record [...]
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: BAP No. 00-8034
Involuntary debtor, Marketing and Creative Solutions, Inc. ("MACS"), appeals the bankruptcy court order granting chapter 7 relief to the petitioning creditors, Scripps Howard Broadcasting Co., d/b/a WEWS NewsChannel5 ("WEWS"); Plain Dealer Publishing Co., d/b/a The Plain Dealer ("PDP"); and WKYC-TV, Inc., d/b/a, WKYC-TV3 ("WKYC") (collectively, "Petitioning Creditors").
Court: Bankruptcy Appellate Panel of the Sixth Circuit Docket: 05-8041