(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.

2016-03-08 – in re mik

(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)

(Bankr. E.D. Ky. Feb. 12, 2016)

(6th Cir. B.A.P. May 11, 2016)

The Bankruptcy Appellate Panel reverses the bankruptcy court’s order allowing the unsecured creditor’s late-filed claim in this Chapter 13 case. The creditor filed its claim eight days after the bar date, and the bankruptcy court allowed the claim based on excusable neglect. The B.A.P. holds that a bankruptcy court does not have authority to extend the deadline in Rule 3002(c) through equitable powers or the doctrine of equitable tolling. Opinion below.

Judge: Humphrey