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...
