Judge Sutton

Lindsey v. Pinnacle Natl Bank (In re Lindsey)

Ruling: 
District court decision affirming denial of confirmation was not a final appealable order.
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Consumer case opionion summary, case decided on August 13,2013, LexisNexis #0913-030

Daley v. Mostoller (In re Daley)

The United States District Court for the Eastern District of Tennessee at Knoxville granted judgment in favor of appellee bankruptcy trustee by finding that appellant debtor had impermissibly used the individual retirement account (IRA) to extend himself credit by granting the securities firm a lien on the retirement funds to cover any potential future debts to the firm. The debtor appealed.
Ruling: 
IRA should have been presumed exempt absent evidence that debtor used the account to obtain credit.
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Consumer case opionion summary, case decided on June 17,2013, LexisNexis #0713-043

United States v. Kurlemann

Defendant realtor pled guilty to loan fraud and making false statements to a lending institution. A jury convicted defendant home builder of making false statements to a lending institution, 18 U.S.C.S. § 1014; and committing bankruptcy fraud, 18 U.S.C.S. § 157. The United States District Court for the Southern District of Ohio sentenced the builder to concurrent 24-month sentences ordered $1.1 million in restitution. Defendants appealed.
Ruling: 
Conviction for bankruptcy fraud based on nondisclosure of agreement to buy back property affirmed.
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Consumer case opionion summary, case decided on February 13,2013, LexisNexis #0313-031

Auday v. Wet Seal Retail Inc.

Employee sued her former employer for age discrimination in employment. The United States District Court for the Eastern District of Tennessee, at Chattanooga, granted judgment on the pleadings to the employer, holding that the employee's failure to list a potential claim on her bankruptcy petition barred her from bringing the claim later. The employee appealed.
Ruling: 
Cause of action for age discrimination that arose prepetition was property of the estate and had to be brought by trustee.
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Consumer case opionion summary, case decided on October 25,2012, LexisNexis #1112-051

United States v. Carroll

United States sued standing chapter 13 bankruptcy trustees seeking declaratory and mandamus relief, arguing sovereign immunity prevented enforcement of orders of the bankruptcy courts that required chapter 13 debtors' tax refunds be directed to the trustees. The U.S. District Court for the Eastern District of Michigan granted both forms of relief. The trustees appealed.
Ruling: 
United States lacked standing to seek declaratory and injunctive relief against trustee on bankruptcy court order on grounds of sovereign immunity.
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Consumer case opionion summary, case decided on January 30,2012, LexisNexis #0212-100

Saylersville Natl Bank v. Bailey (In re Bailey)

Debtors signed a reaffirmation agreement with appellant bank, which allowed them to stay in their home, and obligated them to continue making their full mortgage payments after bankruptcy. On a subsequent motion by debtors, the bankruptcy court voided the reaffirmation agreement on the ground of mutual mistake. The U.S. District Court for the Eastern District of Kentucky affirmed, and the bank appealed.
Ruling: 
Reaffirmation agreement for unsecured debt that was not enforceable under state law properly voided.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0112-034

Carroll v. Sanders (In re Sanders)

Appellant, a chapter 13 bankruptcy trustee, sought review of a judgment from the district court for the Eastern District of Michigan which reversed the bankruptcy court's denial of appellee debtor's request for a discharge after concluding that 11 U.S.C.S. § 1328(f)(1) did not bar the discharge.
Ruling: 
Four year discharge ban runs from petition date of original chapter 7 case, not from date of discharge.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-020

Glance v. Carroll (In re Glance)

Appellant, a chapter 13 debtor, challenged the decision entered by the District Court for the Eastern District of Michigan that affirmed the bankruptcy court's decision that dismissed the debtor's chapter 13 petition after appellee chapter 13 trustee moved to dismiss the petition, claiming the debtor's secured debts exceeded the $922,975 cap for filing a chapter 13 petition.
Ruling: 
Chapter 13 case properly dismissed where sum of debt secured by two properties exceeded limit.
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Caradon Doors & Windows Inc. v. Eagle-Picher Industries Inc.(In re Eagle-Picher Indus.)

Appellee manufacturer was named a defendant in a patent infringement case along with appellant debtor. The bankruptcy court agreed with the debtor that the patent infringement claim could not proceed because the confirmation of the 1996 reorganization plan discharged the manufacturer's claim, but the District Court for the Southern District of Ohio disagreed and reversed the bankruptcy court's decision.
Ruling: 
Reorganization plan did not discharge manufacturer's claim since the plan permitted certain administrative expense claims to be filed after the plan confirmation and the plan's definition of recoverable administrative expense claims covered the claims rai
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