Whether summary judgment was warranted on the Trustee's complaint to avoid Citifinancial's mortgages based on the defective notary clauses that did not comply with Kentucky law.Thacker, 256 B.R., The United States Court of Appeals for the Sixth Circuit has also addressed this issue.
Relying on its practice that a maximum attorney's fee of $650.00 for legal services is normal and customary for a chapter 13 case, the bankruptcy court only awarded the law firm $300.00 in interim compensation. Boddy, 950 F.2d at 337. Lamie v. United States Trustee, 540 U.S. 526, 529, 124 S. Ct.
378 B.R. 416 (2007), In re Oelrich, Warren, v., Security Nat. Bank., Nos. 07-8002, 06-31614., United States Bankruptcy Appellate Panel for the Sixth Circuit., September 11, 2007., Decision without published opinion. Affirmed.
It was error for the bankruptcy court to ignore the Sixth Circuit's discussion in Reynolds and Bauer, because those cases, although not bankruptcy cases, acknowledge that TMT Trailer Ferry established a standard for every court to apply when evaluating a proposed settlement agreement.
378 B.R. 416 (2007), In re Robilio, Robilio, v., Stevenson., Nos. 06-8102, 06-8103, 06-21370., United States Bankruptcy Appellate Panel for the Sixth Circuit., July 13, 2007., Decision without published opinion. Affirmed; Appeal Dismissed.
The Creditors filed this appeal., The mortgage here was lodged for record., For the foregoing reasons, the bankruptcy court's conclusion that the 2006 amendments to Kentucky Revised Statute ยง 382.270 may not be applied retroactively to protect the mortgage in this case from avoidance is affirmed.
378 B.R. 416 (2007), In re Ying Ly, Crehan, v., Ying Ly., Nos. 06-8095, 05-81380., United States Bankruptcy Appellate Panel for the Sixth Circuit., October 5, 2007., Decision without published opinion. Affirmed.
464 B.R. 61 (2007), IN RE ST. TORRANCE;, ST. TORRANCE, v., CINCINNATI GAS ELEC. CO., Nos. 06-8090, 02-16796., United States Bankruptcy Appellate Panel for the Sixth Circuit., September 26, 2007. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
378 B.R. 416 (2007), In re Brown, Brown, v., Brown., Nos. 06-8079, 01-65026., United States Bankruptcy Appellate Panel for the Sixth Circuit., November 9, 2007., Decision without published opinion. Appeal Dismissed.
378 B.R. 416 (2007), In re Smith, Smith, v., Mortgage Electronic Registration Systems, Inc., Nos. 06-8077, 04-10066., United States Bankruptcy Appellate Panel for the Sixth Circuit., July 10, 2007., Decision without published opinion. Affirmed.
, On April 18, 2005, Malott and Ridgewood filed a First Amended Complaint for Fraudulent Transfer, Civil Conspiracy, and for Money Damages against the Debtor, Greg Forbes, Eiseman and Francesca Forbes in the Nevada County Superior Court of California. 2309, 76 L. Ed. 2d 515 (1983). (Trial Ex.
Laws Ann., Lastly in this regard, we examine the bankruptcy court's conclusion that notwithstanding the evidence in this case that Kendall in some instances was paid with funds the Debtor borrowed from Bank One, the monies paid to Kendall were trust funds as a matter of law.
In granting summary judgment, the bankruptcy court found that Accredited's mortgage interest in the debtors' real estate (the property) extends only to husband David Morgeson's one-half interest in the property, thereby reserving wife Tina Morgeson's one-half interest for the bankruptcy estate.
378 B.R. 416 (2007), In re Wilson, Burden, v., CIT Group/Consumer Finance Inc., Nos. 06-8065, 05-10032., United States Bankruptcy Appellate Panel for the Sixth Circuit., November 14, 2007., Decision without published opinion. Affirmed.
The statute provided for the relation back of these liens to the date of the financing statement. 1988) (recognizing Kentucky as a state where actual notation of the secured party's lien on the certificate of title is a pre-requisite for perfection of a security interest in a motor vehicle).
385 B.R. 799 (2007), IN RE COLBERT;, COLBERT, v., BAUMGART., No. 06-8046, 05-93234., United States Bankruptcy Appellate Panel of the Sixth Circuit., December 20, 2007., Decision without published opinion. Affirmed.
Fox entered into a contract with the Appellant, Cash America, to provide collection services on accounts generated by Cash America.
Finally, the bankruptcy court looked at the Tennessee wild-card exemption of $4, 000, which may be used for any exempt goods, whether jewelry or otherwise, as further support that the Debtor's diamond collection was in the luxury category rather than the necessary and proper category. Code Ann.
, The bankruptcy court's order neither confirmed the Debtors' plan nor dismissed the chapter 13 case. This timely appeal followed., Therefore, when a chapter 13 plan proposes to pay a secured claim in periodic payments, interest must be paid to achieve the present value of the claim. Triad Fin.
, Kenneth Dwayne Perrin and Tammy Lynn Perrin (Debtors) appeal an order of the bankruptcy court finding a willful violation of the automatic stay, but awarding no damages to the Debtors. Perrin's counsel wrote to Wheeler demanding return of the tools within seven days.
