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Meoli v. Huntington Nat'l Bank

Ruling
Trustee allowed to recover from bank all direct loan repayments received after bank's proven good faith ended. (6th Cir. Mich.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Court :
Consumer opinion summary, case decided on February 08, 2017 , LexisNexis #0317-043

Chrysler Group LLC v. Fox Hills Motor Sales Inc.

Ruling
Customary and usual letters of intent were proper remedy for auto dealers whose franchise agreements, terminated during Chrysler's bankruptcy, were reinstated.
Issue(s)
What is the appropriate remedy when former Chrysler auto dealerships seeking continuation or reinstatement of franchise agreements that had been terminated by Chrysler during its bankruptcy prevail in their statutorily-provided arbitrations under section 747 of the Consolidated Appropriations Act of 2010?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 16, 2015 , LexisNexis #0215-042

Lawrence v. Commonwealth of Ky. Transp. Cabinet (In re Shelbyville Rd. Shoppes LLC)

Ruling
Good faith, prepetition deposit by debtor under real estate purchase contract was not property of the estate.
Issue(s)
Whether a chapter 7 bankruptcy debtor's trustee can bring into the bankruptcy estate a "good faith" deposit made by the debtor's assignor with respect to a proposed real estate purchase?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 05, 2015 , LexisNexis #0115-087

IRS v. Smith (In re Smith)

Ruling
Filing by debtors years after IRS commenced action did not constitute a "return" and related tax debt was nondischargeable.
Issue(s)
Did bankruptcy court err in holding that debtor's Form 1040 submitted seven years after it was due and three years after the IRS made an assessment and commenced collection proceedings constituted a return so that the related tax debt could be discharged?

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Consumer opinion summary, case decided on April 29, 2014 , LexisNexis #0914-116

Hancock v. McDermott

Ruling
District court's summary affirmance of bankruptcy court's denial of fee application affirmed due to failure to file timely brief.
Procedural posture

Appellant, a Chapter 11 debtor's attorney, sought judicial review of the decision by the United States District Court for the Middle District of Tennessee at Nashville summarily affirming the bankruptcy court's denial of his application for fees without reaching the merits of the appeal.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 18, 2011 , LexisNexis #0611-068

Official Comm. Of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior LLC)

Ruling
Motion for stay and appeal of sale order properly denied as moot.
Procedural posture

Appellant, the official committee of unsecured creditors, sought review of a decision of the Bankruptcy Appellate Panel of the Sixth Circuit (BAP), denying the committee's motion for a stay of sale and dismissing as moot under 11 U.S.C.S. § 363(m) the committee's appeal of the bankruptcy court's approval of a sale of co-owned properties under § 363(b) and (h) by appellees, the debtors in possession.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 03, 2010 , LexisNexis #0910-114

In re Swegan

Ruling
Bankruptcy appellate panel remand for further proceedings on dischargeability was not an appealable final order.
Procedural posture

Appellant debtor moved a bankruptcy court to discharge his debt to appellee creditor. The bankruptcy court granted summary judgment in favor of the debtor. On appeal, the United States Bankruptcy Appellate Panel (BAP) of the Sixth Circuit reversed the order granting the debtor summary judgment and remanded the adversary proceeding for trial. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 10, 2009 , LexisNexis #0309-104