OPINION PAULETTE J. DELK , Bankruptcy Appellate Panel Judge . In this case, the Chapter 7 trustee filed an adversary proceeding to avoid and recover preferential or fraudulent transfers from Debtor's business attorney, Appellant herein. The bankruptcy judge granted the trustee's motion for partial summary judgment, finding that two preferential transfers occurred just six days prior to bankruptcy, and awarded the trustee the value of the transferred property pursuant to 11 U.S.C. 550(a)....
OPINION C. KATHRYN PRESTON , Chief Bankruptcy Appellate Panel Judge . In these consolidated appeals, Earl Benard Blasingame ("Benard Blasingame") and Margaret Gooch Blasingame ("Margaret Blasingame") (together, "Debtors") appeal the order denying their discharges and the order striking certain documents from the record on appeal. For the reasons stated below, the Panel affirms the order denying Debtors' discharges, and affirms in part and reverses in part the order striking documents from...
By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and the parties pursuant to 6th Cir. BAP LBR 8013-1(b). See also 6 th Cir. BAP LBR 8010-1(c). OPINION C. KATHRYN PRESTON , Bankruptcy Appellate Panel Judge . This appeal arises from the bankruptcy court's orders on the motion of Dollar Bank, Federal Savings Bank ("Dollar Bank") to dismiss the jointly administered Chapter 11 cases of Four Wells Limited ("Four Wells"), Circle T...
By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8013-1(b). See also 6th Cir. BAP LBR 8010-1(c). OPINION MARIAN F. HARRISON , Bankruptcy Appellate Panel Judge . Following a trial, Samuel Gaft and Marilyn Cibor ("Plaintiffs") filed this appeal from the bankruptcy court's dismissal of their dischargeability complaint against Thomas R. Sheidler and Margaret J. Sheidler ("Debtors") for failure...
By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8013-1(b). See also 6th Cir. BAP LBR 8010-1(c). OPINION MARIAN F. HARRISON , Bankruptcy Appellate Panel Judge . Joseph and Leanne Yonish ("debtors") filed this appeal from the bankruptcy court's denial of their motion to reopen their chapter 7 case even though there were no objections filed. For the reasons stated below, the Panel reverses...
OPINION C. KATHRYN PRESTON , Chief Bankruptcy Appellate Panel Judge . An attorney who was sanctioned pursuant to Federal Rule of Bankruptcy Procedure 9011 ("Rule 9011") filed an appeal asserting error by the bankruptcy court when it awarded opposing counsel attorneys' fees pursuant to Rule 9011(c)(2). Additionally, the attorney argued that the bankruptcy court abused its discretion by levying sanctions based on clearly erroneous factual findings. For the reasons stated below, the Panel...