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    In re Mik
    2016-03-09

    (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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Perkins
    2017-02-06

    (Bankr. W.D. Ky. Feb. 1, 2017)

    The bankruptcy court denies the creditor’s request for default rate interest on the secured claim. The value of the real property securing the claim was in excess of the claim amount. Case law establishes that there is a presumption in favor of the contractual rate of interest, but it is subject to rebuttal when evidence establishes the default rate is significantly higher without justification. Here, the default rate doubled the non-default rate and the court finds there was no justification under the evidence presented. Opinion below.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Isaacs
    2016-05-20

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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Injunction, Debt, Foreclosure, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Spradlin v. Khouri (In re Bruner)
    2016-03-09

    (Bankr. E.D. Ky. Mar. 7, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Oaks v. Miller (In re Miller)
    2016-12-07

    (Bankr. E.D. Ky. Dec. 6, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Tench
    2016-05-13

    (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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Unsecured debt, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Schaumburg Bank & Trust Co., N.A. v. Alsterda
    2016-03-07

    (7th Cir. Mar. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Grant v. Granader (In re Granader)
    2016-10-18

    (6th Cir. Oct. 12, 2016)

    The Sixth Circuit affirms the bankruptcy court’s order denying the creditor’s motion to reopen the case. The debtor’s ex-spouse filed the motion four years after the debtor received his discharge. The ex-spouse argued that an obligation arising out of their divorce proceedings should be declared non-dischargeable. The court holds the bankruptcy court did not abuse its discretion in denying the motion. Opinion below.

    Per Curiam

    Attorney for creditor: Aaron J. Scheinfield

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Camofi Master LDC v. U.S. Coal Corp. (In re Licking River Mining, LLC)
    2016-05-12

    (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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Jones
    2016-03-04

    (6th Cir. B.A.P. Mar. 3, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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