Legal Opinion

Timco, LLC v. T & M Sales Agency, Inc. (In Re Timco, LLC)

Court of Appeals for the Sixth Circuit

Decided January 15, 2013No. 12-1406, 12-1407UnpublishedCited by 1 opinion

1Opinion of the Court

SUTTON, Circuit Judge.

Timco and T & M could not agree how much Timco owed T & M in sales commissions. The disagreement led to an arbitration, which led to a $930,000 arbitration award for T & M. T & M’s victory looked pyrrhie when Timco promptly filed a bankruptcy petition. T & M’s victory became less pyrrhie when the bankruptcy court lifted the automatic stay to allow a Michigan court to confirm the award, which it did.

Timco appealed the bankruptcy court’s decisions (1) to remand the case to state court and (2) to lift the automatic stay. The district court concluded that it lacked…

2Cases cited8 opinions

  1. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  2. Parmalat Capital Finance Ltd. v. Bank of America Corp.Court of Appeals for the Second Circuit · 2011
  3. In Re Highway Truck Drivers & Helpers Local Union 107. Appeal of Ronald and Frances GajkowskiCourt of Appeals for the Third Circuit · 1989
  4. Pursifull v. EakinCourt of Appeals for the Tenth Circuit · 1987
  5. Boone Coal and Timber Company v. William J.M. Polan (85-5400), the Bank of New York (85-5408)Court of Appeals for the Sixth Circuit · 1986

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3Cited by1 opinion

  1. Deutsche Bank Trust Company Americas v. HaffeyDistrict Court, E.D. Kentucky · 2022

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