Bankruptcy Appellate Panel

Dougherty-Kelsay, In re

Ruling: 
Bankruptcy court did not err in awarding debtor attorney fees as actual damages. (B.A.P. 6thCir.)
ABI Membership is required to access the full summary of Dougherty-Kelsay, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 21,2022, LexisNexis #0522-030

Juntoff, In re--IRS v. Juntoff

Ruling: 
Court erred in finding that the shared responsibility payment for failing to obtain healthinsurance was not a tax measured by income as the SRP was calculated as a percentage ofhousehold income. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Juntoff, In re--IRS v. Juntoff. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 21,2022, LexisNexis #0522-035

Harrison, In re--Hadley v. Harrison

Ruling: 
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Harrison, In re--Hadley v. Harrison. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-063

Black Gold S.A.R.L., In re--Samba v. Int'l Petro. Prods. & Additives Co.

Ruling: 
Debtor's motion for recognition of foreign proceeding granted as the requirements weresatisfied and recognition would not be manifestly contrary to U.S. public policy. (B.A.P. 9thCir.)
ABI Membership is required to access the full summary of Black Gold S.A.R.L., In re--Samba v. Int'l Petro. Prods. & Additives Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 17,2022, LexisNexis #0422-022

Racing Servs., In re--North Dakota v. Bala

Ruling: 
Bankruptcy court did not err in sustaining a creditor's objection to an insufficiently describedstatutory claim filed by state seeking to prevent the creditor and the debtor from retainingsettlement proceeds. (B.A.P. 8th Cir.)
ABI Membership is required to access the full summary of Racing Servs., In re--North Dakota v. Bala. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 04,2021, LexisNexis #0222-091

In re--Preserba Compañía De Desarrollos, Inc. v. Condado 2, LLC

Ruling: 
The bankruptcy court's confirmation order affirmed as conforming to the terms of thesettlement between the parties. (B.A.P. 1st Cir.)
ABI Membership is required to access the full summary of In re--Preserba Compañía De Desarrollos, Inc. v. Condado 2, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 05,2022, LexisNexis #0222-083

Buscone, In re--Botelho v. Buscone

Ruling: 
Default sanction in nondischargeability proceeding was appropriate due to debtor's repeatedfailures to comply with discovery requests. (B.A.P. 1st Cir.)
ABI Membership is required to access the full summary of Buscone, In re--Botelho v. Buscone. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2021, LexisNexis #0222-074

Bloom, In re--Glencove Holdings, LLC v. Bloom

Ruling: 
Bankruptcy court did not err in allowing a claim based on debtor's fraud and fraudulentconcealment as the creditors reasonably relied on the debtor's misrepresentations. (B.A.P. 10thCir.)
ABI Membership is required to access the full summary of Bloom, In re--Glencove Holdings, LLC v. Bloom. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 02,2021, LexisNexis #0122-089

Koeberer, In re--Koeberer v. Cal. Bank of Commerce

Ruling: 
Bankruptcy court erred in determining that debtors lacked standing and denying attorneys'fees and costs on grounds that the violations were "technical". (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Koeberer, In re--Koeberer v. Cal. Bank of Commerce. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 18,2021, LexisNexis #0122-055

Hornback, In re--Hornback v. Polylok, Inc.

Ruling: 
Unsecured creditors were granted relief from stay to allow a federal district court to rule on amotion for injunctive relief the creditors had filed prior to commencement of the bankruptcycase. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Hornback, In re--Hornback v. Polylok, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 16,2021, LexisNexis #0122-032

Pages

Subscribe to Bankruptcy Appellate Panel