6th Circuit

Dauenhauer v. The Bank of New York Mellon

Citation: 
File 14a0275n.06; Docket No. 13-5810
Ruling: 
In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against Bank of New York Mellon, MERS and other defendants ...
Judge(s): 
Suhrheinrich, Griffin and Kethledge.
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Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)

Citation: 
___F3d. ___(6th Cir. 2013); Case No. 13-8010 (March 26, 2014)
Ruling: 
The Bankruptcy Appellate Panel (BAP) reverses the bankruptcy court's decision that the debt owed to the lender is dischargeable and remands for determination regarding the amount of damages. The BAP affirmed the bankruptcy court's conclusion that the elements of ...
Judge(s): 
GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge [Opinion]
GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
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In re Brown

Citation: 
14b0003n.06
Ruling: 
The Sixth Circuit BAP dismissed the appeal by a Chapter 7 Debtor of an order granting relief from the automatic stay ("Order") to a first mortgagee (whose mortgage debt was greatly in excess of the value of the residence property) ...
Judge(s): 
Joan A. LLoyd (author) with other BAP Judges Emerson and Harrison
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Rogan v. Vanderbilt Mortgage and Finance, Inc. (In re Dorsey)

Citation: 
Case No. 13-8036 (6th Cir BAP 2013)
Ruling: 
Alleged creditor who could not prove entitlement to enforce note could not enforce security agreement given to secure obligation under note.
Judge(s): 
Emmerson, Lloyd & Opperman
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Bank of England v. Rice (In re Webb)

Citation: 
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling: 
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit Court of Appeals held that rice and farming equipment ...
Judge(s): 
Loken, Murphy and Smith; Opinion by Murphy.
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Javery v. Lucent Technologies, Inc. Long Term Disability Plan for Management

Citation: 
Javery v. Lucent Techs., Inc. Long Term Disability Plan for Mgmt., No. 12-3834 (6th Cir. Feb. 3, 2014)
Ruling: 
The court held that the district court's ruling on the issue of judicial estoppel was proper. The court did not decide the applicable standard of review, because the district court's ruling was proper under all of the potential standards--de ...
Judge(s): 
Cole, Clay and Bertelsman.
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Rizzo v. State of MI, Dept. of Treasury (In re Rizzo)

Citation: 
Rizzo v State of Michigan Dept. of Treasury (In re Rizzo), Case No. 13-1230
Ruling: 
Whether a state tax is a non-dischargeable "excise tax" is a matter of federal law. The Court found that the term "excise tax" in Sec. 507 was not ambiguous and that whether a tax is an "excise tax" or ...
Judge(s): 
Suhrheinrich, Griffin, and Kethledge
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Mauriello v. Great American E and S Insurance Company

Citation: 
No. 13-5469 (6th Cir. Jan. 30, 2014)
Ruling: 
Affirming decision of district court for the E.D. Tenn., court of appeals held that Tennessee prohibition of direct actions against insurer before insured is held liable bars creditor from suing debtor's insurer before creditor obtained relief from stay and successfully ...
Judge(s): 
Batchelder and Griffin, circuit judges, and Bell, district court judge sitting by designation.
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Liquidating Trustee of the App Fuels Creditors Trust v. Bingham Greenbaum Doll LLp (In re Appalachian Fuels, LLC)

Citation: 
BAP No. 13-8023
Ruling: 
The Panel reverses the bankruptcy court’s order granting summary judgment. Although the court did not err in finding that Bingham Greenebaum adequately supported its renewed motion for summary judgment, the issue before the Panel is whether there is a ...
Judge(s): 
Harris, Humphrey and Preston
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Welch, et al. v. Brown, et al.

Citation: 
Case No. 13-1476 (6th Cir. 2014)
Ruling: 
In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city employees.
Judge(s): 
Daughtrey, Cole and White
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