(6th Cir. B.A.P. July 3, 2017)
(6th Cir. B.A.P. June 28, 2017)
The Sixth Circuit B.A.P. affirms the bankruptcy court’s entry of summary judgment, finding the debt owed to the plaintiff nondischargeable under 11 U.S.C. § 523(a)(6). The plaintiff had obtained a judgment against the debtors in state court on a conversion claim. The court holds that collateral estoppel applies and the elements of § 523(a)(6) were satisfied by the state court judgment. Opinion below.
Judge: Delk
Attorneys for Debtors: Schram, Behan & Behan, Michael R. Behan; Eiler Law Firm, Christian Michael Eiler
(S.D. Ind. June 27, 2017)
(Bankr. S.D. Ind. June 26, 2017)
The bankruptcy court dismisses without prejudice the debtor’s complaint against a foreclosing creditor because the court concludes it lacks subject matter jurisdiction. The debtor filed the complaint alleging numerous causes of action, including violations of the automatic stay. However, the alleged acts occurred at a time when the subject property was no longer property of the estate. Opinion below.
Judge: Carr
Attorneys for Debtor: Sabin, Shea & Des Jardines LLC, J. Andrew Sabin
(B.A.P. 6th Cir. June 20, 2017)
(Bankr. E.D. Ky. June 21, 2017)
The bankruptcy court grants the defendant’s motion to dismiss the trustee’s complaint, which sought to avoid transfers from debtors to the defendant. The complaint failed to state a claim, in part because the defendant could not be deemed an “insider” of the debtor. The court additionally finds that the complaint contains insufficient facts to support various other claims. Opinion below.
Judge: Wise
Attorneys for Trustee: Bingham Greenbaum Doll LLP, Claude R. Bowles, Jr., Daniel J. Donnellon, James R. Irving, April A. Wimberg
(S.D. Ind. June 2, 2017)
(U.S. Sup. Ct. May 15, 2017)
(6th Cir. B.A.P. May 18, 2017)
(Bankr. E.D. Ky. May 18, 2017)