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6th Circuit

Thabata v. Bank of America, N.A.

Citation: 
File 15a0585n.06; Case No 15-1010
Ruling: 
Sixth Circuit affirmed District Court's grant of summary judgment to mortgagee Bank of America (BOA) finding that the District Court properly found that BOA complied with Michigan's statutory foreclosure framework and the Sixth Circuit found that District Court properly denied ...
Judge(s): 
Guy, Moore, and Kethledge, Circuit Judges
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Fillinger v. Lerner Sampson & Rothfuss, et al.

Citation: 
No. 14-4097 (6th Cir. August 17, 2015)
Ruling: 
The Sixth Circuit affirmed dismissal of claims brought under the Fair Debt Collection Practices Act ("FDCPA") because the claims were facially barred by the FDCPA's one-year statute of limitations and the plaintiff did not adequately plead fraudulent concealment for purposes ...
Judge(s): 
Batchelder, Stranch, and Hood
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Matteson v. Bank Of America (In re Matteson)

Citation: 
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling: 
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens passed through bankruptcy and completion of the Debtors' plan ...
Judge(s): 
Delk, Opperman and Preston
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In re Ernest Ken Henry

Citation: 
15 FED App 0005P (6th Cir.); File name: 15b0005p.06; Docket No. 15-8004
Ruling: 
The Sixth Circuit BAP affirms the order of the bankruptcy court for the Southern District of Ohio dismissing the debtor's chapter 13 case, finding that the decisions to dismiss was not an abuse of discretion as the pro se debtor ...
Judge(s): 
Delk, Harrison and Lloyd; opinion by Lloyd
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U.S.A. v. Bruner

Citation: 
15a0543n.06; Case No. 14-5990
Ruling: 
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of counsel defense. The Sixth Circuit found ...
Judge(s): 
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
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Liggett v. Schwartz (In re Schwartz)

Citation: 
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling: 
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment of divorce grants contract rights as opposed to property ...
Judge(s): 
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
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In re William C. Aubiel

Citation: 
15 FED App. 0004P (6th Cir.) File Name: 15b0004p.06
Ruling: 
Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court did not err in determining that trustee carried burden of ...
Judge(s): 
Delk, Humphrey and Preston
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Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation: 
15a049n.06
Ruling: 
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were questions of fact regarding the piercing the corporate veil theory of ...
Judge(s): 
Cole, Chief Judge, Moore and Clay, Circuit Judges
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In re Sheppard

Citation: 
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling: 
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for the creditor was not listed in the ...
Judge(s): 
Delk, Lloyd and Opperman; opinion by Judge Lloyd
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Breadiy v. PNC Mortgage

Citation: 
Case No. 14-2347 (6th Cir. 2015)
Ruling: 
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
Judge(s): 
Boggs, Batchelder and Huck (District Judge)
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