McKay v. City of Detroit, Michigan (In re City of Detroit)

(6th Cir. Sep. 28, 2017)

The Sixth Circuit affirms the bankruptcy court’s interpretation of the creditor’s settlement agreement with the debtor. The agreement provided that the creditor released his claims against the city and the individual officers. The plan only provided for a small percentage to be paid on the claim, but stated claims against individual officers were not discharged by the plan. The creditor argued the settlement agreement should not be held to have released claims against the individual officers, but the court finds the plain language of the agreement makes clear such claims were released. Opinion below.

Judge: Sutton

Attorney for Creditor: Eric Stempien

Attorney for Debtor: Miller Canfield Paddock & Stone, Marc N. Swanson, Ronald A. Spinner

2017-09-28 – in re city of detroit

Author: Matt Lindblom

 

 

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