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Gold v. Deloitte & Touche LLP (In re NM Holdings Co. LLC)

Ruling
Fraudulent transfer claims against debtor's auditor properly dismissed as time-barred.
Procedural posture

Appellant bankruptcy trustee brought an adversary proceeding against defendant auditor of bankruptcy debtors alleging, inter alia, that the auditor caused fraudulent transfers of funds from the debtors to entities controlled by the auditor's principal. The trustee appealed the order of the U.S. Bankruptcy Court for the Eastern District of Michigan which dismissed the fraudulent-transfer claims as time-barred.

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Commercial opinion summary, case decided on June 15, 2009 , LexisNexis #0909-069

White v. Lewis (In re Lewis)

Ruling
Dismissal of denial of discharge proceeding upheld.
Procedural posture

Appellant creditor challenged an order of the U.S. Bankruptcy Court for the Eastern District of Michigan, Southern Division, denying as untimely his motion pursuant to Fed. R. Bankr. P. 4004(b) for an extension of time to file an adversary proceeding objecting to discharge of debtors, a married couple.

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Consumer opinion summary, case decided on August 08, 2008 , LexisNexis #0908-028

Araj v. Kohut (In re Araj)

Ruling
Bankruptcy court properly ordered debtor to turn over portion of tax refund which was property of the estate.
Procedural posture

Appellant debtor filed a voluntary petition for relief under chapter 7. The bankruptcy court ordered her to turn over a portion of her 2005 state and federal income tax refunds to appellee bankruptcy trustee. The debtor appealed.

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opinion summary, case decided on May 29, 2007 , LexisNexis #0607-092

Craig-Likely v. Wells Fargo Home Mortg. (In re Craig-Likely)

Ruling
Mortgage creditor waived right to claim postpetition escrow deficiency due to failure to provide debtor with notice of changes in payments.
Procedural posture

Appellant chapter 13 debtor sought review of an order issued by the bankruptcy court, which denied the debtor's motion to foreclose appellee mortgagee from asserting a postpetition arrearage claim that resulted from a deficiency in the escrow account for insurance premiums and tax payments.

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opinion summary, case decided on March 02, 2007 , LexisNexis #0707-053