(7th Cir. Mar. 18, 2016)
(E.D. Ky. Bankr. June 24, 2016)
In this Chapter 13, the bankruptcy court rules on the objection to confirmation and finds that the creditor’s expert’s valuation of the debtor’s mobile home was more reliable than the valuations provided by the debtor’s experts. The creditor’s expert testimony was not hearsay, as it was reasonable for the expert to rely on information about the particular mobile home model provided by the manufacturer. The debtor’s experts failed to obtain knowledge of the particular model before determining their values. Opinion below.
Judge: Schaaf
(Bankr. W.D. Ky. Mar. 8, 2016)
The bankruptcy court sustains the debtors’ objection to the creditor’s claim. The court determines that the creditor failed to establish that the transaction with the debtors was intended as a loan. Instead, the parties had formed a partnership with the creditor making capital contributions, rather than loans. Opinion below.
(6th Cir. June 6, 2016)
The Sixth Circuit affirms the B.A.P. and dismisses the appeal for lack of jurisdiction. Following the principal creditor’s objection, the bankruptcy court denied the trustee and debtors’ motion to approve a settlement of a legal malpractice claim held by the estate. The debtors appealed. The court finds that the appealed order was not a final order that could be appealed because the debtors were free to propose a new settlement for approval. Opinion below.
Judge: Kethledge
(6th Cir. B.A.P. Mar. 3, 2016)
(Bankr. W.D. Ky. May 19, 2016)
(Bankr. S.D. Ind. Feb. 16, 2016)
(Bankr. W.D. Ky. May 17, 2016)
(Bankr. W.D. Ky. Feb. 16, 2016)
(U.S. Sup. Ct. May 16, 2016)