Legal Opinion

Douglas Ellmann v. Michael James Baker

Court of Appeals for the Sixth Circuit

Decided July 2, 2015No. 14-2149PublishedCited by 40 opinions

1Opinion of the Court

OPINION

COLE, Chief Judge.

Michael James Baker and Suzie Carmen Baker, the debtors in this bankruptcy appeal, failed to disclose in their bankruptcy schedules their interest in a cause of action until years after the close of the bankruptcy case. After learning about the cause of action, Douglas S. Ellmann, the bankruptcy trustee, requested that the case be reopened so that he could pursue the cause of action on behalf of the debtors’ bankruptcy estate; after the case was reopened, the debtors amended their bankruptcy schedules to claim exemptions in the cause of action. Over the trustee’s…

2Cases cited11 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Law v. SiegelSupreme Court of the United States · 2014
  3. American Civil Liberties Union v. McCreary CountyCourt of Appeals for the Sixth Circuit · 2010
  4. In Re Howard P. Batie, Debtor. Investors Credit Corporation v. Howard P. BatieCourt of Appeals for the Sixth Circuit · 1993
  5. Frederick C. Lucius and Carliss Jean Lucius, Debtors-Appellants v. John C. McLemore Trustee-AppelleeCourt of Appeals for the Sixth Circuit · 1984

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3Cited by40 opinions

  1. Howard Holt v. City of Battle CreekCourt of Appeals for the Sixth Circuit · 2019
  2. United States v. Timmy FieldsCourt of Appeals for the Sixth Circuit · 2022
  3. Jason Laible v. Timothy LanterCourt of Appeals for the Sixth Circuit · 2024
  4. In re BatesonUnited States Bankruptcy Court, E.D. Michigan · 2016
  5. In re McVickerUnited States Bankruptcy Court, N.D. Ohio · 2016

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