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...
OPINION JOAN LLOYD , Bankruptcy Judge . In this appeal, Creditor Republic Franklin Insurance Company appeals the Bankruptcy Court's Order Denying Motion to Extend Time for Filing a Complaint to Determine the Dischargeability of Debt and/or Filing an Objection to Discharge. The Bankruptcy Court held that the Creditor-Appellant had not met the threshold for "cause" under Fed. R. Bankr.P. 4004 and 4007(c). For the reasons set forth below, the Panel concludes that it was an abuse of discretion...
OPINION JOAN A. LLOYD , Bankruptcy Appellate Panel Judge . Debtor-Appellant Daniel G. Martin ("Martin") appeals the bankruptcy court's order granting relief from the automatic stay to allow state court litigation against him to continue. For the reasons stated below, the Panel AFFIRMS the bankruptcy court's order granting relief from the automatic stay. ISSUE ON APPEAL The sole issue on appeal is whether the bankruptcy court erred by granting the motion for relief from stay to continue...
OPINION C. KATHRYN PRESTON , Chief Bankruptcy Appellate Panel Judge . OVERVIEW MERV Properties, L.L.C. ("MERV"), is a limited liability company formed by four persons for the purpose of purchasing and operating an antique mall. MERV encountered difficulties paying its mortgage loan with Forcht Bancorp (the "Bank") and entered into a forbearance agreement with the Bank. Sometime after the forbearance agreement was executed, MERV defaulted, and eventually filed a petition for relief under...
OPINION C. KATHRYN PRESTON , Chief Judge . In this appeal, William C. Aubiel ("Debtor"), appeals the bankruptcy court's order denying his claim of exemption in a 46-foot Sea Ray boat and ordering turnover of the boat to the Trustee. For the reasons stated below, the Panel AFFIRMS the bankruptcy court's order. ISSUE ON APPEAL The issue on appeal is whether the bankruptcy court erred in finding that, because the boat was not Debtor's primary residence, Debtor was not entitled to a...
OPINION JOAN LLOYD , Bankruptcy Appellate Panel Judge . In this appeal, Creditor Republic Franklin Insurance Company appeals the Bankruptcy Court's Order Denying Motion to Extend Time for Filing a Complaint to Determine the Dischargeablity of Debt and/or Filing an Objection to Discharge. The Bankruptcy Court held that the Creditor-Appellant had not met the threshold for "cause" under Fed. R. Bankr. P. 4004 and 4007(c). For the reasons set forth below, the Panel concludes that it was an...
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 . Aubrey Bruce Wring ("debtor") filed this pro se appeal from the bankruptcy court's denial of his expedited motion to remove the Chapter 11 Trustee and to reinstate him as debtor-in-possession and the denial of the Chapter 11...
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 . Donald R. Harris ("Harris"), former counsel for the debtor, filed this appeal on behalf of the debtor and Annie Kolath ("Kolath"), an insider-creditor, from the bankruptcy court's order denying Kolath's motion for relief from the...
OPINION GUY R. HUMPHREY , Bankruptcy Judge . These two related appeals address monetary sanctions and post-judgment efforts to collect those sanctions arising out of an attorney's representation of claimants who filed a $2,142,000 non-priority unsecured proof of claim in jointly administered Chapter 11 bankruptcy cases. That claim was disallowed by the bankruptcy court, with that decision being affirmed by both the District Court for the Northern District of Ohio and the Sixth Circuit...
OPINION MARIAN F. HARRISON, Bankruptcy Appellate Panel Judge. ECM Chemicals, LLC, and Edward C. Morris ("Appellants") appeal the order of the United States Bankruptcy Court for the Northern District of Ohio ("Bankruptcy Court") denying their Motion to Enforce Order Approving Compromise of Claims. Specifically, the Appellants seek to stop Ergon Refining, Inc., and Rentwear, Inc. ("Appellees") 1 from pursuing successor liability claims against them based on the Chapter 7 Trustee's compromise...
OPINION GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge. In this appeal, George C. Daher ("Debtor") and John W. Gold, his counsel (sometimes collectively, "Appellants") take issue with the bankruptcy court's decision that certain insurance proceeds are property of the bankruptcy estate. For the reasons stated herein, the Panel concludes that the insurance proceeds constituted property in which Debtor had an interest at the time of filing of the bankruptcy case, and therefore are indeed...
OPINION MARIAN F. HARRISON , Bankruptcy Judge . ECM Chemicals, LLC, and Edward C. Morris ("Appellants") appeal the order of the United States Bankruptcy Court for the Northern District of Ohio ("Bankruptcy Court") denying their Motion to Enforce Order Approving Compromise of Claims. Specifically, the Appellants seek to stop Ergon Refining, Inc., and Rentwear, Inc. ("Appellees") 1 from pursuing successor liability claims against them based on the Chapter 7 Trustee's compromise of the...
OPINION GUY R. HUMPHREY, Bankruptcy Judge. Bankruptcy Appellate Panel Judge. Appellants were shareholders and directors of the corporate debtor prior to its liquidation. They filed an adversary complaint alleging malpractice against the Debtor's bankruptcy attorneys. On September 20, 2012, the bankruptcy court granted the Defendants' and Trustee's motions to dismiss the adversary proceeding. The bankruptcy court held that Appellants did not have standing to bring the complaint. Additionally,...
OPINION DANIEL S. OPPERMAN, Bankruptcy Judge. The issue on appeal before the Panel is whether the bankruptcy court erred in avoiding the transfer of real property to Carolyn Blackwell pursuant to 11 U.S.C. 548 and ordering recovery of transferred property from Carolyn Blackwell pursuant to 11 U.S.C. 550 and in denying Carolyn Blackwell a claim pursuant to 11 U.S.C. 550(e). After reviewing the record, the parties' briefs, and applicable law, the Panel concludes that the bankruptcy...
OPINION JOAN A. LLOYD, Bankruptcy Judge. Plaintiff-Debtor Colleen Renee Trudel (the "Debtor") appeals, pro se, the October 28, 2013 order of the Bankruptcy Court for the Northern District of Ohio (the "Bankruptcy Court") determining that the Debtor was not entitled to an undue hardship discharge of her student loans under 11 U.S.C. 523(a)(8). For the reasons that follow, the Panel affirms the Bankruptcy Court's order. ISSUES In this Appeal, the Panel must consider whether the Debtor's...
