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6th Circuit

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
Read on...

Rubin v. Fannie Mae

Citation: 
Case No. 13-1010 (6th Cir. 2014)
Ruling: 
FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired, debtor could not bring action contesting foreclosure process based ...
Judge(s): 
McKeague, Griffin and Polster
Read on...

Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
Read on...

Rugiero v. Nationstar Mortgage, LLC

Citation: 
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling: 
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on plaintiff's property prior to bankruptcy filing alleging predatory and deceptive ...
Judge(s): 
Boggs, Batchelder and White, Circuit Judges
Read on...

Schwab v. Oscar (In re SII Liquidation Co.)

Citation: 
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling: 
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice claim for lack of standing, and the movants did not appeal. Subsequently, the ...
Judge(s): 
HUMPHREY, OPPERMAN, and PRESTON
Read on...

Anderson v. Fisher (In re Anderson)

Citation: 
14 FED App. 0007P (6th Cir.)
Ruling: 
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28 U.S.C. § 1738) in subsequent non-dischargeability action in chapter 7 bankruptcy case. ...
Judge(s): 
Emerson, Opperman and Preston
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USA v. Elasass

Citation: 
14a0236p.06
Ruling: 
The Sixth Circuit Court of Appeals affirmed the decision of the U.S. District Court which granted summary judgment to the plaintiff U.S.A. on its claims that the defendants Elsass and FRG engaged in certain practices prohibited by the Internal Revenue ...
Judge(s): 
Circuit Court Judges Boggs, Clay and Gillman
Read on...

USA v. Robinson, Jr. (In re Robinson, Jr.)

Citation: 
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling: 
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against property included in the bankruptcy estate. Based on the plain meaning ...
Judge(s): 
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Read on...

Underhill v. Huntington National Bank (In re Underhill)

Citation: 
Case No. 13-4195 (6th Cir. 2014)
Ruling: 
Cause of action belonging to debtor's wholly owned corporation is not asset of estate where cause of action did not accrue until after commencement of the debtor's bankruptcy case.
Judge(s): 
Merrit, Cook and Donald (dissenting)
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Connolly v. Deutsche Bank National Trust

Citation: 
File Name: 14a0709n.06; Docket No. 13-2522
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of Appeals determined that plaintiff's suit did not extend the redemption ...
Judge(s): 
Gibbons, McKeague and Stafford; opinion by McKeague
Read on...
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