(6th Cir. B.A.P. Mar. 28, 2016)
The Sixth Circuit B.A.P. affirms the bankruptcy court’s order dismissing the plaintiffs’ nondischargeability complaint. The plaintiffs had suffered a loss when they purchased a condominium unit and hired a builder to complete its construction. The builder accepted funds but failed to complete the work. Each of the plaintiffs’ claims under 11 U.S.C. § 523 were properly dismissed, principally because they failed to establish that the builder was the debtors’ agent. Opinion below.
Judge: Harrison
(S.D. Ind. Mar. 28, 2016)
(Bankr. E.D. Ky. Mar. 21, 2016)
(7th Cir. Mar. 22, 2016)
(Bankr. S.D. Ind. Mar. 18, 2016)
(7th Cir. Mar. 18, 2016)
Irvin v. Faller (In re Faller)
(Bankr. W.D. Ky. Mar. 17, 2016)
(Bankr. S.D. Ind. Mar 15, 2016)
The bankruptcy court denies the department’s motion to reconsider the judgment finding the debtor was entitled to a discharge of the debt to the department. Opinion below.
Judge: Carr
Attorneys for Department: Office of the Indiana Attorney General, Heather M. Crockett, Maricel E.V. Skiles, Spencer W. Tanner
Attorneys for Debtor: Redman Lugwig, Keith Eirik Gifford
Last month, the United States Court of Appeals for the Eleventh Circuit upheld the Bankruptcy Court and United States District Court for the Middle District of Florida determination that the authorized swapping of parts among aircraft to maximize efficiency “did not and could not commingle the participants’ ownership interests.” In re Avantair Inc., No. 15-10303, slip op. (Eleventh Circuit, February 3, 2016). The ruling helps to clarify uncertainties regarding the legal status of fractional ownership arrangements.
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