United States Sixth Circuit

In a bankruptcy matter, court order allowing trustee to revoke his abandonment of defendants' real property is affirmed where: 1) the trustee was entitled to relief under Fed. R. Civ. P. 60(b)(5) and (6) "based on principles of equity, and the windfall to the debtors and the junior lienholders [if the abandonment were not revoked]; and 2) the bankruptcy court did not abuse its discretion in determining that the equities weighed in favor of revoking the abandonment.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• United States Sixth Circuit

Counsel