Bankruptcy Appellate Panel

Odell, In re

Ruling: 
Debtor's appeal to reverse motion for relief from stay was dismissed as the automatic stay hasalready terminated by operation of law. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-033

Eutsler, In re--Carruth v. Eutsler

Ruling: 
Bankruptcy court did not err in denying the motion for relief as there were no extraordinary circumstances that would have warranted relief . (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 27,2017, LexisNexis #0218-060

Hake, In re,

Ruling: 
Motion for stay pending appeal denied as the debtor failed to seek timely relief from the bankruptcy court before seeking relief from the Bankruptcy Appellate Panel. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-119

Pettit Oil Co., In re--IPC (USA), Inc. v. Ellis

Ruling: 
Bankruptcy court's judgment in favor of trustee was affirmed as the trustee had superior interest in the claim. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on October 23,2017, LexisNexis #1217-109

Gill, In re--Gill v. Kirresh

Ruling: 
Order denying debtor's motion to compel chapter 7 trustee to abandon the estate's interest indebtor's residence affirmed where residence was not burdensome or of inconsequential valueand benefit to the estate. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 26,2017, LexisNexis #1117-107

Tirrell, In re--Charles Gabus Motors, Inc. v. Tirrell

Ruling: 
Bankruptcy court did not err in denying debtor's discharge after a creditor filed an affidavit of default with respect to a court-approved settlement agreement that was intended to resolve the nondischargeability adversary proceeding. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-048

Escarcega, In re

Ruling: 
Court did not err in finding that debtors' plans violated the good faith provisions as it prohibited the trustee from distributing excess funds. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-053

Anderson, In re--Anderson v. Rainsdon

Ruling: 
Debtors were required to turn over commissions to the trustee because the commissions, although received postpetition, constituted property of the estate. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 11,2017, LexisNexis #1017-046

Curtis, In re--Curtis v. Shpak

Ruling: 
Court ruled that the law did not authorize the removal of the case from a federal court to abankruptcy court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-090

Trost, In re--Trost v. Trost

Ruling: 
A finding of "no fraud" did not negate collateral estoppel as fraud was not a required elementfor determining nondischargeability. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on June 28,2017, LexisNexis #0817-010

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