6th Circuit

Smith, In re

Ruling: 
Debtor was not entitled to stay pending appeal where any harm to debtor was offset by thepublic's interest in not allowing debtor to continue abusing the judicial process. (B.A.P. 6thCir.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-100

Kinney, In re--Milligan v. Valdes

Ruling: 
Property became property of the estate subject to the trustee's strong-arm avoidance powers asdefendant's quit claim deed was not recorded as of the petition date. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on October 01,2020, LexisNexis #1120-067

Hoff, In re

Ruling: 
Totality of the circumstances created cause for dismissal as debtor engaged in efforts to defeatthe rights of his creditors. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on October 01,2020, LexisNexis #1120-070

In re--Energy Conversion Devices Liquidation Trust v. Ovonyx, Inc.

Ruling: 
Debtor's claim for an actual fraudulent transfer survived dismissal because, inter alia, thedebtor plausibly alleged that the defendant entered into the agreement with the intent tohinder, delay or defraud. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on October 01,2020, LexisNexis #1120-054

Bailey, In re--Dymarkowski v. Boyd

Ruling: 
Trustee was not entitled to summary judgment on the avoidance action involving property asit was not clear that the debtor had an interest in the property. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-041

Williams, In re

Ruling: 
Debtors could not amend plan to reduce payments in order to contribute to their 401(k) plans.(Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on September 24,2020, LexisNexis #1120-021

SCI Direct, LLC, In re--SCI Direct, LLC v. Vara

Ruling: 
Amendment increasing quarterly Chapter 11 fees was permissible as it was not retroactive,debtors had adequate notice of the fee increase, and the amendment was supported by alegitimate legislative purpose. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on January 01,2018, LexisNexis #1120-024

Harang, In re--Bedwell v. HHHH Dev., Inc.

Ruling: 
Creditors’ pursuit of former community property claims from debtor’s former spouse had toawait trustee’s decision whether to pursue or abandon the claims. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 01,2020, LexisNexis #1120-010

Porter, In re

Ruling: 
Debtors could not avoid a creditor's second mortgage on their primary residence as thepetition-date value exceeded the amount owed on the first mortgage. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 23,2020, LexisNexis #1120-020

Short, In re

Ruling: 
Debtor could avoid pre-petition interest on wholly unsecured mortgage attached to formerspouse’s interest in property. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2020, LexisNexis #1120-004

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