Bankruptcy Appellate Panel

Couch, In re--Panther Petro., LLC v. Couch

Ruling: 
Bankruptcy court did not err in granting summary judgment to the creditors based onapplication of collateral estoppel of a state court judgment. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 02,2017, LexisNexis #0317-012

McDermott v. Crabtree (In re Crabtree)

Ruling: 
Bankruptcy appellate panel reversed the bankruptcy court's order reducing the amount ofhomestead exemption the debtors claimed as record showed that the court did not requiretrustee to show that debtors intended to defraud their creditors. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 24,2017, LexisNexis #0217-084

Rosado v. Banco Popular de Puerto Rico (In re Rosado)

Ruling: 
Bankruptcy court did not abuse its discretion in denying motion for contempt filed by debtorsas debtors failed to show that creditor's conduct constituted coercion or harassment. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-026

United States DOL v. Harris (In re Harris)

Ruling: 
Bankruptcy court did not err in concluding that debtor breached his Employee RetirementIncome Security Act fiduciary duty when he decided not to remit the employee withholdingsand instead used those assets to pay corporate creditors and personal expenses. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 06,2017, LexisNexis #0217-035

Spradlin v. Khouri (In re Bruner)

Ruling: 
Bankruptcy court did not err in denying trustee's request for turnover of the funds as trusteedid not meet her burden of establishing that the attorney fee was property of the estate. (B.A.P.6th Cir.)
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Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-040

Rupp v. Auld (In re Auld)

Ruling: 
Bankruptcy court's Order denying the trustee's motion for turnover reversed as debtor failedto oppose trustee's requests. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on January 03,2017, LexisNexis #0217-005

Dymarkowski v. Savage (In re Hadley)

Ruling: 
Trustee could avoid preferential transfers as debtor's attorney did not have a retaining lien.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 21,2016, LexisNexis #0117-112

Strickland v. U.S. Trustee (In re Wojcik)

Ruling: 
Court fined and ordered appellant to disgorge fees for the use of the words "paralegal" and"legal" in advertising her bankruptcy preparation services. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on November 30,2016, LexisNexis #0117-092

Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

Ruling: 
Summary judgment against debtor in fraudulent transfer proceeding properly affirmed. (10thCir.)
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Commercial case opionion summary, case decided on December 06,2016, LexisNexis #0117-020

In re McCoy

Ruling: 
Bankruptcy court abused discretion in denying debtor’s motion to reopen absent objection orprejudice to creditors. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 29,2016, LexisNexis #0117-003

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