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Bankruptcy Appellate Panel of the Sixth Circuit

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In Re Carrico, BAP Nos. 97-8026, 97-8028, 97-8030, 97-8031 (1997)

I. ISSUE ON APPEAL, Whether Appellants' timely objections to the bankruptcy court's Contempt Order required de novo review by the district court *844 pursuant to Bankruptcy Rules 9020(c) and 9033(b) and (d). The appeals *847 of the contested Contempt Order and the Judgment are dismissed.

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In Re Fordu, BAP Nos. 97-8020, 97-8021 (1997)

In re Adams, 45 Ohio St. 3d 219, 219, 543 N.E.2d 797, 798 (Ohio 1989); The bankruptcy court also denied Ms. Fordu's request for attorney fees under Bankruptcy Rule 9011, finding that the Trustee formed a belief, after making a reasonable inquiry, that his claims were warranted under existing law.

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In Re ABEPP Acquisition Corp., BAP No. 97-8067 (1997)

The Trustee later amended the complaint asserting that the bankruptcy court could exercise in rem jurisdiction and that the Department had waived any immunity and consented to the suit in bankruptcy court by filing a proof of claim for unrelated sales tax penalties. 2028, 138 L. Ed. 2d 438;

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In Re Elliott, BAP No. 97-8050 (1997)

National City did not appeal the confirmation order. Co., 4 Ohio App. At the time of sale, but not before, Whiting Pools would preclude the property from consideration as estate property. Prior to such disposition, however, the property is still capable of being recovered by the bankruptcy estate.

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In Re Plechaty, BAP No. 97-8036, Bankruptcy No. 94-14118, Adversary No. 95-1608 (1997)

, Although the bankruptcy judge considered this issue contemporaneously with the issue of reliance, the oral decision establishes that he made a separate finding on the question of whether National City did in fact delay in requesting payment of the demand *124 note. 302, 136 L. Ed. 2d 220 (1996);

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In Re Hess, BAP No. 97-8034 (1997)

433, 136 L. Ed. 2d 331 (1996).[2], In two unpublished decisions, [3] the Court of Appeals for the Sixth Circuit held that the Pioneer standard of excusable neglect applies to Rule 8002(c)., In the present case, Black River's counsel received the order seven days into the ten day appeal period.

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In Re Schaffrath, BAP No. 97-8022 (1997)

OPINION, Kurt A. Schaffrath, the Debtor's husband and the codebtor in this case, appeals the bankruptcy court's order granting relief from the codebtor stay. The order mirrored Judge White's ruling from the bench. that the Debtor's plan does not propose to pay Firestone's claim in full.

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In Re Bushey, BAP No. 97-8015 (1997)

OHIO REV.CODE ANN.[8], The bankruptcy court correctly found, for purposes of summary judgment, that Citibank MasterCard has a current claim against this debtor and that Citibank MasterCard was owed money in 1986 at the time of the property transfer. Creed v. Lancaster Bank, 1 Ohio St. 1 (1852).

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In Re Mathews, BAP No. 97-8014 (1997)

OPINION, The United States of America appeals bankruptcy court orders requiring turnover to the debtor of $697.40 received by the Internal Revenue Service after the debtor's bankruptcy petition pursuant to a prepetition levy on the debtor's wages. FACTS, The debtor is a tax protestor.

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In Re William Cargile Contractor, Inc., BAP No. 97-8013, Bankruptcy No. 1-92-04791 (1997)

Relations Ass'n v. East Akron Casting Co., 58 F.3d 204, 210 (6th Cir.1995)(where the Sixth Circuit found that the district court abused its discretion when it set aside a default judgment after the defendant failed to respond until eleven (11) months after entry of the judgment).

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In Re Klingshirn, BAP No. 97-8011 (1997)

, The United States filed a cross-motion for summary judgment, arguing that under 28 U.S.C. § 6503(h), Klingshirn's chapter 7 case, *701 filed in 1991, extended the collection period by the amount of time that the bankruptcy case was pending, plus six months. 756, 761, 78 L. Ed. 2d 549 (1984));

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In Re Andersson, 97-8027 (1997)

The bankruptcy court dismissed the Debtors' Chapter 13 case pursuant to 11 U.S.C. § 109(g)(2), sanctioned the debtors by barring their filing of another petition in bankruptcy for 180 days from the entry of judgment, and denied Security Federal's request for attorney fees. Who may be a debtor.

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