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6th Circuit

Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

Citation: 
File Name:16a0470n.06; No. 15-3563
Ruling: 
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's claim against the defendants under RICO were barred by ...
Judge(s): 
Boggs, Rodgers and Berg- District Judge sitting by designation
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In re Jackson

Citation: 
2016 WL 4147641 (6th Cir. BAPp 2016)
Ruling: 
Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for foreclosing creditor
Judge(s): 
Delk, Humphrey, Opperman
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Grossman v. Wehrle (In re Royal Manor Management, Inc.)

Citation: 
File Name 16a0324n.06; Docket No. 15-3146
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015), imposing sanctions of $207,400 against Dennis Grossman, counsel ...
Judge(s): 
Norris, McKeague and White; opinion by White
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Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

Citation: 
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling: 
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is discouraged in the Sixth Circuit. The better practice ...
Judge(s): 
Harrison, Opperman, Wise
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In re Tench

Citation: 
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling: 
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not ...
Judge(s): 
Delk, Humphrey, Opperman
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In re Bratt

Citation: 
16b0002p.06 Nos. 15-8009/8010
Ruling: 
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...
Judge(s): 
Delk, Opperman and Wise
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In re Four Wells Limited

Citation: 
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling: 
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its discretion in enjoining debtors from filing another bankruptcy ...
Judge(s): 
Harrison, Preston & Wise, Bankruptcy Appellate Panel judges
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Gaft, et al. v. Sheidler (In re Sheidler)

Citation: 
Case No. 15-8011 (6th Cir. BAP 2016)
Ruling: 
Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements that were true when made. Debtor could not be ...
Judge(s): 
Harrison, Humphrey and Preston
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Harger v. Jones (In re Jones)

Citation: 
Harger v Jones (In re Jones), 16 Fed App.0001P(6th Cir. March 3, 2016)
Ruling: 
The Sixth Circuit BAP held that the bankruptcy court erred as a matter of law in awarding attorneys' fees as sanctions under Rule 9011 on a sua sponte basis and abused its discretion in imposing sanctions. Rule 9011(c)(2) only allows ...
Judge(s): 
Preston, Humphrey and Harrison
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In re Yonish

Citation: 
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling: 
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid judgment liens. The BAP held that delay and an ...
Judge(s): 
Delk, Harrison and Lloyd; opinion by Harrison
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