The U.S. Court of Appeals for the Sixth Circuit has recommended for publication a bankruptcy appeal involving Thomas William O'Hara and U.S. Trustee Andrew R. Vara, signaling the court believes the decision contains legal principles worthy of precedential value.
The case, *Thomas William O'Hara v. Andrew R. Vara*, was recommended for publication pursuant to Sixth Circuit Internal Operating Procedure 32.1(b), which governs when the court believes an opinion should be made available as binding precedent. The designation indicates the three-judge panel found the decision addresses novel legal issues or clarifies existing bankruptcy law in a way that would benefit future cases.
The dispute originated in the U.S. Bankruptcy Court for the Western District of Michigan at Grand Rapids, where Bankruptcy Judge Scott W. Dales initially handled the matter under case number 1:24-bk-00151. O'Hara, serving as both debtor in the underlying bankruptcy proceeding and appellant in the current appeal, challenged a decision involving the U.S. Trustee's office.
After the bankruptcy court's ruling, the case was appealed to the U.S. District Court for the Western District of Michigan at Grand Rapids, where District Judge Robert J. Jonker presided over case number 1:24-cv-00916. The matter then proceeded to the Sixth Circuit Court of Appeals, where it was assigned case number 25-1203.
The Sixth Circuit panel consisted of Circuit Judges Karen Nelson Moore, who authored the majority opinion, Amul R. Thapar, and Jane B. Stranch. According to court records, Judge Moore delivered the opinion of the court, in which Judge Davis concurred. Judge Bush authored what appears to be either a concurring or dissenting opinion spanning pages 17-21 of the decision.
Oral arguments in the case were heard on Dec. 9, 2025, with the court issuing its decision and filing it on Feb. 11, 2026. The timeline suggests the panel took approximately two months to deliberate and craft their opinion after hearing arguments from both parties.
Representing O'Hara was attorney Scott F. Smith from Smith Law Group, PLLC, located in Farmington Hills, Michigan. Smith both argued the case before the three-judge panel and filed the written brief on behalf of the appellant. The U.S. Trustee was represented by Beth A. Levene from the U.S. Department of Justice in Washington, D.C., who handled oral arguments. The government's brief was filed by Levene along with Amy L. Good, also from the Department of Justice, based in Cleveland, Ohio.
While the specific legal issues in the case are not detailed in the available court filing, the involvement of a U.S. Trustee suggests the dispute likely centers on the trustee's oversight responsibilities in bankruptcy proceedings. U.S. Trustees serve as watchdogs in the bankruptcy system, monitoring cases for fraud, abuse, and compliance with federal bankruptcy laws. Region 9, where Vara serves, covers federal judicial districts in Michigan and Ohio.
The recommendation for publication carries significant weight in the federal court system. Published opinions become part of binding precedent that lower courts must follow, while unpublished decisions typically serve only as persuasive authority. The Sixth Circuit's decision to publish this opinion suggests it addresses legal questions that have either not been definitively resolved or require clarification for future bankruptcy cases.
The case represents the latest chapter in ongoing tensions between debtors' rights and trustee oversight in the federal bankruptcy system. Bankruptcy law has evolved considerably in recent decades, with courts regularly addressing questions about the scope of trustee authority, debtor protections, and procedural requirements.
The publication recommendation also indicates the decision may have implications beyond the specific parties involved. Published bankruptcy opinions often establish frameworks for how similar disputes should be resolved, providing guidance to bankruptcy judges, attorneys, and trustees across the Sixth Circuit's jurisdiction.
The Sixth Circuit covers federal appeals from district courts in Michigan, Ohio, Kentucky, and Tennessee. Bankruptcy appeals within this region must follow the precedent established by published Sixth Circuit opinions, making this decision potentially influential for future cases involving similar legal questions.
The case timeline, spanning from bankruptcy court in early 2024 through the circuit court decision in early 2026, reflects the typical progression of complex bankruptcy disputes through the federal court system. The multi-level appeal process demonstrates both the significance of the underlying legal issues and the parties' commitment to pursuing their respective positions through the appellate process.
As a published decision, *O'Hara v. Vara* will join the body of binding Sixth Circuit precedent that governs bankruptcy law within the region. The opinion's ultimate impact will depend on the specific legal principles it establishes and how frequently similar issues arise in future bankruptcy proceedings throughout the circuit.