OPINION STEVEN W. RHODES, Bankruptcy Judge. The dispositive issue in this appeal is whether a debtor in a "single asset real estate" case can provide adequate protection to a creditor for the use of rents as cash collateral without an equity cushion in the property. The Panel finds that Stearns Bldg. v. WHBCF Real Estate (In re Stearns Bldg.), 165 F.3d 28 (6th Cir. 1998) (unpublished table decision) is controlling. Accordingly, the Panel must reverse the bankruptcy court's determination...
OPINION MARCI B. McIVOR, Bankruptcy Judge. In these consolidated appeals, Beverly M. Burden, Chapter 13 Trustee ("Trustee"), appeals the bankruptcy court's ruling that Debtors may use income which becomes available once 401(k) loans are repaid to commence making contributions to debtors' 401(k) plans. For the reasons stated in this opinion, the Panel concludes that post-petition income which becomes available after a debtor repays a 401(k) loan must be committed to the chapter 13 plan....
OPINION MARCI B. McIVOR, Bankruptcy Judge. The Appellee, Randy Weissert ("Weissert"), obtained separate state court judgments on damages as per a default against each of the debtors, Appellants, Nicole M. Phillips and Thomas M. Phillips, Sr. ("Mr. and Mrs. Phillips"), in the amount of $71,962.75 for abuse of process, intentional infliction of emotional distress, civil conspiracy, and concert of action. The state court judgments were awarded after Weissert was acquitted of a criminal charge...
, The Debtor did not seek bankruptcy court approval for post-petition financing by Appellant. [Debtor] is under no contractual obligation to repay Pikeville [] or Blackberry Energy LLC funds expended prior to the date of this Disclosure [Statement] by either entity for the benefit of [Debtor].
On October 26, 2008, noting the participation of both Mr. and Mrs. Phillips in the damages hearing in the state court proceedings, the bankruptcy court entered an order finding that the state court judgments were preclusive as to the existence and amount of Weissert's claim in the bankruptcy case.
464 B.R. 61 (2010), IN RE ALDA., Nos. 10-8037, 08-58713., United States Bankruptcy Appellate Panel for the Sixth Circuit., December 2, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
Moreover, the bankruptcy court's June 29, 2010 Memorandum Opinion and Order states that [t]he Court took under submission the sole issue of whether Buttermilk Towne Center (Debtor) has provided adequate protection to the Bank for its proposed use of cash collateral to pay professional fees.
Therefore, the only issue for our review is whether the application for *768 certificate of title and the certificate of title itself, both noting O'Keefe as lienholder, are sufficient to meet the security agreement requirement of Ohio Revised Code § 1309.203. If no lien, state none.
438 B.R. 354 (2010), IN RE PERTUSET., PERTUSET, v., AMERICAN SAV. BANK, FSB., Nos. 10-8024, 09-17636., United States Bankruptcy Appellate Panel for the Sixth Circuit., August 24, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
464 B.R. 61 (2010), IN RE LEVEL PROPANE GASES, INC.;, MALOOF, v., UHRICH., Nos. 10-8022, 02-16172., United States Bankruptcy Appellate Panel for the Sixth Circuit., November 16, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
464 B.R. 62 (2010), IN RE WALLER;, RHIEL, v., WALLER., Nos. 10-8016, 08-59790., United States Bankruptcy Appellate Panel for the Sixth Circuit., September 7, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
464 B.R. 61 (2010), IN RE FAYE FOODS, INC.;, KABB PARTNERSHIP, v., FAYE FOODS, INC., Nos. 09-8075, 05-23072, 07-00056., United States Bankruptcy Appellate Panel for the Sixth Circuit., December 20, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
464 B.R. 61 (2010), IN RE DeVITO;, DeVITO, v., PEES., Nos. 09-8072, 08-58592., United States Bankruptcy Appellate Panel for the Sixth Circuit., October 14, 2010. DECISION WITHOUT PUBLISHED OPINION, Reversed.
464 B.R. 61 (2010), IN RE MOSER;, LASSITER, v., MOSER., Nos. 09-8067, 09-8068, 05-38518, 07-31887., United States Bankruptcy Appellate Panel for the Sixth Circuit., November 23, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
, In this case, Henry E. Menninger, Jr., Chapter 7 Trustee, (Trustee) appeals an order of the bankruptcy court allowing Nancy Schramm (Debtor) to claim the proceeds of her husband's life insurance policies as exempt pursuant to Ohio Revised Code §§ 2329.66(A)(6)(b) and 3911.10.
, The bankruptcy court consolidated the cases to determine whether the Debtors could exclude their proposed 401(k) contributions from projected disposable income which would otherwise be paid into their respective chapter 13 plans. Schedule I reflects a deduction for a 401K/retirement loan payment.
438 B.R. 354 (2010), IN RE HOLLINSHEAD., MOYER, v., HOLLINSHEAD., Nos. 09-8058, 08-11303., United States Bankruptcy Appellate Panel for the Sixth Circuit., March 3, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
As an alternative to conversion of the Debtor's case to Chapter 7, the motion sought an order that the dismissal permanently bar the dischargeability of the Appellees' judgment and permanently bar the Debtor from filing another petition for relief under the Bankruptcy Code. Alt, 305 F.3d at 419.
[1], On May 29, 2009, the Trustee filed a motion for summary judgment seeking a determination that the Funds transferred postpetition to the Debtor's estate from the Checking Account at the Bank are property of the estate and not subject to a perfected security interest. Tenn.Code Ann.
438 B.R. 354 (2010), IN RE LEVEL PROPANE GASES, INC., WILHELM, v., UHRICH., Nos. 09-8043, 02-16172., United States Bankruptcy Appellate Panel for the Sixth Circuit., April 2, 2010. DECISION WITHOUT PUBLISHED OPINION, Appeal Dismissed.
