Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010 , 2011.

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Aug. 30, 2005

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

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U.S. Sixth Circuit Court of Appeals: Other States Cases

Schilling v. Heavrin  (Aug. 30, 2005) Appeal from the W.D. of Kentucky
-  http://www.ca6.uscourts.gov/opinions.pdf/05a0371p-06.pdf
-  Heavrin appeals from the judgment of the district court, which affirmed a decision of the bankruptcy court, permitting Schilling to avoid the fraudulent transfer of a life insurance policy and to recover the value of the transfer on behalf of Triple S Restaurant's creditors.  The policy on the life of Heavrin's stepfather was transferred from Triple S Restaurant to a trust benefitting Heavrin and his stepsister shortly before Triple S Restaurant filed for bankruptcy.  The bankruptcy court determined that the transfer could be avoided and ordered Heavrin and his stepsister to pay the money they received from the insurance carrier, plus interest to Schilling.  AFFIRMED.
 
Hertzel v. Edu Credit Mgt (Aug. 30, 2005) Appeal from the U.S. Bankruptcy Court
-  http://www.ca6.uscourts.gov/opinions.pdf/05b0006p-06.pdf
-  Edu Credit Mgt appeals the order of the bankruptcy court granting Hertzel a discharge of her student loans on the bases that expecting the loans from discharge would impose an undue hardship on the Debtor pursuant to 11 U.S.C. §523(a)(8).  AFFIRMED.