Vande Ryt v. Peace (In re Peace)

(6th Cir. B.A.P. Mar. 15, 2018)

The B.A.P. affirms the bankruptcy court’s decision finding the debt nondischargeable and denying the debtor’s Rule 60(b) motion to set aside the judgment. The debtor argued that newly discovered evidence established that the creditor’s expert witness presented false testimony. The bankruptcy court concluded that the evidence was not dispositive and that the debtor failed to show it could not have been discovered with reasonable diligence prior to judgment. Opinion below.

Judge: Opperman

Attorney for Creditor: James E. Kolenich

Attorney for Debtor: Robert Gregory Kelly

2018-03-15 – in re peace

Author: Matt Lindblom

Kohut v. United Healthcare Insurance Company (In re LSC Liquidation, Inc.)

(6th Cir. July 18, 2017)

The Sixth Circuit affirms the bankruptcy court’s order modifying its prior sale order under Rule 60(b). The court’s original order approved a sale of estate assets but the sale agreement and the order failed to include certain contracts to be assumed and assigned to the buyer. The court finds that modification of the order was appropriate because the motion to modify the order was filed within one year of entry of the sale order and the bankruptcy court properly exercised its discretion after weighing the relevant factors. Opinion below.

Judge: Stranch

Attorneys for Movant: Wolfson Bolton, Anthony J. Kochis, Scott A. Wolfson

Attorney for Appellee: Jeffrey Scott Grasi

2017-07-18 – in re lsc liquidation

Author: Matt Lindblom