(Bankr. S.D. Ind. May 23, 2016)

The bankruptcy court sustains the creditor’s objection to the proposed Chapter 13 plan, finding the creditor’s expert more credible than the debtor’s expert as to valuation of the debtor’s mobile home. Thus, the the creditor’s secured claim was higher than the amount provided for in the plan. The court also holds that certain of the appliances in the home are not accessions and thus are not subject to the creditor’s lien. Opinion below.

Judge: Moberly

(Bankr. W.D. Ky. May 19, 2016)

(U.S. Sup. Ct. May 16, 2016)

(Bankr. W.D. Ky. May 17, 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

(Bankr. E.D. Ky. May 9, 2016)

The bankruptcy court grants the trustee’s motion to dismiss the creditors’ adversary proceeding. The claims asserted by the creditors were property of the estate and thus the trustee has the exclusive right to assert the claims. Opinion below.

Judge: Wise

Attorneys for Trustee: Foley & Lardner LLP, Geoffrey S. Goodman, David B. Goroff

Attorneys for Plaintiffs: Akin Gump Strauss  Hauer & Feld LLP, Robert J. Boller, Douglas A. Rappaport, Taft, Stettinius & Hollister LLP, Casey M. Cantrell Swartz, W. Timothy Miller

(6th Cir. B.A.P. Apr. 26, 2016)

(Bankr. W.D. Ky. Apr. 26, 2016)

(Bankr. W.D. Ky. Apr. 22, 2016)

(Bankr. E.D. Ky. Apr. 15, 2016)

The bankruptcy court dismisses the plaintiff’s complaint because it failed to state a claim. The complaint was based on a factual assertion that the plaintiff’s predecessor had an interest in certain bank account funds. However, the prior 11 U.S.C. § 363 sale order and confirmation order adjudicated otherwise. Thus, the claims were barred by the doctrine of res judicata. Opinion below.

Judge: Wise

Attorneys for Plaintiff: Philip G. Fairbanks, M. Austin Mehr, John M. Simms