Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Underwood

United States District Court, E.D. Michigan, Southern Division

August 16, 2017

In re GLENN RICHARD UNDERWOOD Debtor.
v.
PATRICIA SELENT, ET AL., APPELLEES. GLENN RICHARD UNDERWOOD, Appellant, Bankr. No. 06-55754 Adv. Pro. No. 14-4966

          HONORABLE THOMAS J. TUCKER JUDGE.

          OPINION AND ORDER DISMISSING BANKRUPTCY APPEAL AS MOOT

          LINDA V. PARKER U.S. DISTRICT JUDGE.

         This matter is before the Court as an appeal from the United States Bankruptcy Court for the Eastern District of Michigan, the Honorable Thomas J. Tucker presiding. This is the third appeal Debtor and Appellant Glenn Richard Underwood (“Underwood”) has filed arising from his Chapter 11 bankruptcy case and the adversary proceedings he commenced against several judgment creditors and the bankruptcy liquidating trustee, Gene R. Kohut (“Liquidating Trustee”). This Court dismissed Underwood's first appeal (Civil Case No. 15-10155) as untimely and affirmed the bankruptcy court's decisions in his second appeal (Civil Case No. 15-12563). In the present matter, Underwood moved to appeal Judge Tucker's May 5, 2016 order in the Chapter 11 case. In that order, Judge Tucker overruled Underwood's objections to the Liquidating Trustee's proposed sale of real property commonly known as Lots 81 and 82, 9230 Dixie Highway, Clarkston, Michigan 48348 (“Dixie Highway Property”).

         In an opinion and order entered March 13, 2017, this Court granted in part and denied in part Underwood's motion for leave to appeal. Specifically, the Court limited the issue on appeal to the following:

[W]hether Judge Tucker abused his discretion in concluding that the Liquidating Trustee's business judgment-that the proposed sale price for the Property is a fair price-is a “reasonable business judgment, ” within the meaning of the October 14, 2008 Order modifying the Debtor's confirmed Chapter 11 plan.

(ECF No. 3 at Pg ID 224, additional quotation marks omitted.) The Court therefore precluded Underwood from re-litigating several issues he raised in his motion for leave to appeal that where decided against him in his earlier appeal.

         Background

         This Court assumes the reader's familiarity with the background of this bankruptcy matter from earlier decisions in this and Underwood's previous appeal and will include here only the facts necessary to resolve this appeal.

         On February 2, 2016, the Liquidating Trustee-in accordance with procedures outlined in the modified bankruptcy plan-filed and served a 15-day notice of his intention to sell the Dixie Highway Property for the sum of $65, 000 to Angona Construction Company (“Angona”). Cert. of Service, In re Underwood, No. 06- 55754 (Bankr. E.D. Mich. filed Feb. 2, 2016), ECF No. 224. Underwood filed an objection to the sale on February 16, 2016. Obj., id., ECF No. 225. In addition to claiming that the sale price was too low, Underwood objected based on many of the same arguments he raised in numerous earlier state and federal court proceedings. Id. On February 29, 2016, Judge Tucker issued an order overruling all of Underwood's objections except for his sale price objection. Order, id., ECF No. 227. On March 16, 2016, Judge Tucker held a hearing to address the remaining objection and ordered additional briefing and the submission of relevant evidence. Id.

         On May 5, 2016, after receiving and reviewing the additional submissions, Judge Tucker entered an order overruling Underwood's objection to the Liquidating Trustee's sale of the Dixie Highway Property. Order, id., ECF No. 240. Judge Tucker found and concluded “that the Liquidating [Trustee]'s business judgment- that the proposed sale price for the Property is a fair price-is a ‘reasonable business judgment, ' within the meaning of the October 14, 2008 Order modifying the Debtor's confirmed Chapter 11 plan.” Id. at 2. Judge Tucker ordered that the Liquidating Trustee may close the proposed sale and stated that his order was effective immediately. Id. at 6.

         On May 17, 2016, Underwood moved for leave to appeal Judge Tucker's May 5, 2016 decision. Mot. for Leave to Appeal, id., ECF No. 241. Underwood did not seek a stay of the order allowing the Liquidating Trustee to sell the Dixie Highway Property to Angona. The sale was completed and the Liquidating Trustee is holding the proceeds of the sale in a trust account. (Appellee Br., Ex. 3 at 3, ECF No. 6-3 at Pg ID 434.)

         Standard of Review

         On appeal from the judgment of the bankruptcy court, a district court reviews the bankruptcy court's findings of fact under the clearly erroneous standard but reviews de novo the bankruptcy court's conclusions of law. In re Isaacman, 26 F.3d 629, 631 (6th Cir.1994).

         Applicable ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.