Legal Opinion

State Bank v. Miller (In Re Miller)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided October 5, 2011No. BAP 11-8011PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

In this appeal, the State Bank of Florence (“Bank”) appeals an order of the bankruptcy court denying its motion for relief from stay to continue a foreclosure action against Richard K. Miller (“Debt- or”), and denying its objection to confirmation of the Debtor’s chapter 13 plan. For the reasons that follow, the order of the bankruptcy court is AFFIRMED.

I. ISSUES ON APPEAL

The issues presented by this appeal are (1) whether the bankruptcy court erred when it undertook a determination of whether the Bank holds a claim against the Debtor despite the…

2Cases cited54 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Liteky v. United StatesSupreme Court of the United States · 1994
  3. Bell v. BursonSupreme Court of the United States · 1971
  4. Kontrick v. RyanSupreme Court of the United States · 2004
  5. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989

49 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re LeeBankruptcy Appellate Panel of the Sixth Circuit · 2012
  2. State Bank of Florence v. Miller (In Re Miller)Court of Appeals for the Sixth Circuit · 2013
  3. In re BowersBankruptcy Appellate Panel of the Sixth Circuit · 2013
  4. In re First Mortgage Fund, Inc.District Court, E.D. Michigan · 2013
  5. In re HaakeUnited States Bankruptcy Court, W.D. Wisconsin · 2012

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