Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 522

Brown, In re--Brown v. Ellmann

Mar

2017

Ruling

Bankruptcy court properly denied debtor's claim for an exemption under § 522 on the basis of the value of her state-law redemption rights in a property as there was no residual equity in the property upon which her claimed exemptions could attach. (6th Cir.)

Issue(s)

Exemptions.

ABI Membership is required to access the full summary of Brown, In re--Brown v. Ellmann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

( Judge Merritt ) [ Circuit Court ]

Consumer opinion summary, case decided on March 20, 2017 , LexisNexis #0417-101

LexisNexis Article

Learn More

11 U.S.C.

French v. Frey (In re Bergman)

Oct

2006

Ruling

Insurer's prepetition claim for portion of personal injury recovery was enforceable against debtor.

Procedural posture

Plaintiff trustee challenged the decision entered by the District Court for the Northern District of Ohio that determined that defendant medical insurer acquired a prepetition interest in the first $3,000 that plaintiff chapter 7 debtors, the insureds, could obtain from another defendant, the other party of an automobile accident.

ABI Membership is required to access the full summary of French v. Frey (In re Bergman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on October 27, 2006 , LexisNexis #1206-064

LexisNexis Article

Learn More

11 U.S.C.
- § 510
- § 510(b)

Racusin v. American Wagering Inc. (In re American Wagering Inc.)

Oct

2006

Ruling

Bankruptcy Appellate Panel erred in reversing decision that claim for breach of stock consulting agreement could not be subordinated.

Procedural posture

Appellee debtors filed an adversary proceeding against appellant consultant, alleging that a claim filed by the consultant in their chapter 11 bankruptcy case must be subordinated under 11 U.S.C. § 510(b). A bankruptcy court granted summary judgment to the consultant and denied it to debtors. The Ninth Circuit Bankruptcy Appellate Panel reversed and held that the claim should be subordinated. The consultant appealed.

ABI Membership is required to access the full summary of Racusin v. American Wagering Inc. (In re American Wagering Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on October 06, 2006 , LexisNexis #1006-124

LexisNexis Article

Learn More

11 U.S.C.
- § 1325
- § 1325(a)

Americredit Fin. Servs. v. Nichols (In re Nichols)

Mar

2006

Ruling

Court allowed modification of a confirmed chapter 13 plan even though the value of the security in question could fall faster than the creditor received payments.

Procedural posture

Appellant creditor challenged a judgment of the District Court for the Eastern District of Michigan at Detroit which affirmed the bankruptcy court's denial of the creditor's Motion to Lift the Automatic Stay pursuant to 11 U.S.C. § 362 and the Order Modifying Chapter 13 Plan. Appellees were two debtors.

ABI Membership is required to access the full summary of Americredit Fin. Servs. v. Nichols (In re Nichols) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on March 16, 2006 , LexisNexis #0406-028

LexisNexis Article

Learn More

Subscribe to %1