This is an appeal by Thomas C. Richardson, the Chapter 7 Trustee (the “Trustee”), from an order of the bankruptcy court granting summary judgment to Citimortgage, Inc. (“Citimortgage”) and denying summary judgment to the Trustee on his avoidance action pursuant to Bankruptcy Code Section 544(a)(3). The Trustee argues that Citimortgage’s mortgage on the debtor’s Property…Read more
6th Circuit Bankruptcy Appellate Panel Decision – In re: Richard K. Miller
In this appeal, the State Bank of Florence (“Bank”) appeals an order of the bankruptcy court denying its motion for relief from stay to continue a foreclosure action against Richard K. Miller (“Debtor”), and denying its objection to confirmation of the Debtor’s chapter 13 plan. The issues presented by this appeal are (1) whether the…Read more
6th Circuit Bankruptcy Appellate Panel Decision – In re Lamar Crossing Apartments L.P. (Byrd v. Arvest Bank)
Preston E. Byrd (“Byrd”), pro se, appeals an order of the bankruptcy court granting a motion for sanctions against him pursuant to Federal Rule of Bankruptcy Procedure 9011. The order required Byrd to pay Arvest Bank’s attorney fees and expenses in the amount of $42,299.08. The issue presented by this appeal is whether the bankruptcy…Read more
