Marshall v. Blake

(7th Cir. Mar 22, 2018)

The Seventh Circuit affirms the bankruptcy court after determining it has jurisdiction to hear the direct appeal from the bankruptcy court pursuant to Bankruptcy Rule 8008. The court holds that the bankruptcy court correctly overruled the trustee’s objection to confirmation of the Chapter 13 plan. The plan appropriately applied the debtor’s tax credit and refund to the debtor’s disposable income calculation by converting it to an increase to monthly income. The trustee argued that the refund should be applied to additional plan payments and that it was inappropriate to apply it to the debtor’s monthly income. Opinion below.

Judge: Flaum

Attorney for Trustee: Lauren L. Tobiason

Attorneys for Debtor: James A. Brady, Jamie F. Reisman

2018-03-22 – in re blake

Author: Matt Lindblom

Kentucky Employees Retirement System v. Seven Counties Services, Inc. (In re Seven Counties Services, Inc.)

(Bankr. W.D. Ky. Sep. 24, 2014)

The bankruptcy court declines to recommend that the Sixth Circuit authorize a direct appeal of the court’s decision finding KERS is not a governmental unit and finding that the debtor may reject its executory contract with KERS. The court recognizes that this is a matter of public importance, but a direct appeal will not advance the progress of the bankruptcy case. Thus, the court does not recommend authorization of the direct appeals. Opinion below.

2014-09-24 – in re seven counties services