In re: Millard Thomas, III v. ( 2014 )

ELECTRONIC CITATION: 2014 FED App. 0003P (6th Cir.)
File Name: 14b0003p.06
BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT
In re: MILLARD P. THOMAS, III, )
)
Debtor. )
______________________________________ )
)
LAUREN A. HELBLING, Trustee, )
)
Plaintiff - Appellant, ) No. 13-8052
)
v. )
)
MILLARD P. THOMAS, III, et al., )
)
Defendants - Appellees. )
______________________________________ )
Appeal from the United States Bankruptcy Court
for the Northern District of Ohio
Case No.12-14916; Adv. No. 13-1012
Decided and Filed: May 15, 2014
Before: EMERSON, HARRISON, and LLOYD, Bankruptcy Appellate Panel Judges.
____________________
COUNSEL
ON BRIEF: Lauren A. Helbling, Cleveland, Ohio, for Appellant. James E. Kovac, Cleveland,
Ohio, for Appellees.
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OPINION
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MARIAN F. HARRISON, Bankruptcy Appellate Panel Judge. The issue before the Panel on
appeal is whether the bankruptcy court erred in holding that real property transferred in error to
Debtor by his Father pre-petition was impressed with a constructive trust as a matter of law, and
thus, the bankruptcy estate had no interest in the real property. The Panel reviews this conclusion
of law de novo. See In re Booth, 260 B.R. 281, 285 (B.A.P. 6th Cir. 2001); First Union Mortg.
Corp. v. Eubanks (In re Eubanks), 219 B.R. 468, 469 (B.A.P. 6th Cir. 1998) (citation omitted). After
reviewing the record, the parties’ briefs, and applicable law, the Panel concludes that the bankruptcy
court did not err. Accordingly, for the reasons stated in the bankruptcy court’s well-reasoned opinion
entered on November 12, 2013, Helbling v. Thomas, (In re Thomas),Ch. 7 Case No. 12-14916, Adv.
No. 13-1012 (Bankr. N.D. Ohio 2013) ECF No. 66, we affirm.
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