Church Joint Venture, L.P. v. Blasingame (In re Blasingame)

(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

Attorneys for Debtors: Evans Petree, David J. Cocke, Glankler Brown, Michael P. Coury

Attorneys for Appellees: Cantey Hanger, Bruce W. Akerly

2016-06-07 – in re blasingame

Author: Matt Lindblom

Nelson v. Fifth Third Bank (In re Brunsman)

(6th Cir. B.A.P. June 1, 2016)

The Sixth Circuit B.A.P. reverses the bankruptcy court’s sua sponte granting of summary judgment in favor of the trustee. The trustee brought the action to avoid the appellants’  liens in the debtor’s aircraft. The bankruptcy court abused its discretion in granting summary judgment because its decision was not based on undisputed facts. Instead, the bankruptcy court based its decision on assumptions derived from the appellants’ inability to produce sufficient documentation. Opinion below.

Judge: Harrison

Attorneys for Appellee: Cohen, Todd, Kite & Stanford, Donald W. Mallory, Richard Dunbar Nelson

Attorneys for Appellants: Staatman, Harris, & Eyrich, William Brokate Fecher, Alan Joel Statman; Eileen Kay Field, Albert T. Brown, Jr.

2016-06-01 – in re brunsman

Author: Matt Lindblom