6th Circuit

Wallingford v. Green Tree Servicing, LLC (In re Wallingford)

Summarized by Thomas DeCarlo, White Lake, Michigan 3 weeks 1 day ago
, , ,
View opinion PDF | Download opinion PDF
Citation: 
Case No. 12-4174
Ruling: 
Debtor can modifiy lien on mobile home used as debtor's residence where mobile home has not been converted to real property under state law.
Judge(s): 
MERRITT, SUHRHEINRICH, DONALD
Read on...

In re Appalachian Fuels, LLC

Summarized by Scott Whitacre, Scott J. Whitacre 4 weeks 21 hours ago
, ,
View opinion PDF | Download opinion PDF
Citation: 
In re: Appalachian Fuels, LLC, et al., B.A.P. Case No. 12-8026 (6th Cir. B.A.P. Apr. 19, 2013)
Ruling: 
The BAP affirmed that the Bankruptcy Court did not abuse its discretion by denying administrative expense claims where there was insufficient evidence to pierce the corporate veil and impose liability on the affiliated entity. It remanded for a determination if ...
Judge(s): 
Harris, Humphrey, and Preston, Bankruptcy Appellate Panel Judges (Opinion by Arthur I. Harris)
Read on...

Conlin v. Mortgage Electronic Registration Systems, Inc.

Summarized by Dean Langdon, DelCotto Law Group PLLC 5 weeks 3 days ago
, ,
View opinion PDF | Download opinion PDF
Citation: 
File Name: 13a0102p.06; Docket No. 12-2021
Ruling: 
The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from MERS to U.S. Bank. Applying Michigan law, the Court of ...
Judge(s): 
Merrit, Martin and Clay; opinion by Clay
Read on...

El Camino Resources Ltd. v. Huntington National Bank

Summarized by Nicholas Miller, Neal, Gerber & Eisenberg, LLP 5 weeks 4 days ago
, , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
Case No.12-1254
Ruling: 
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge to sustain claims against the bank for aiding abetting fraud, ...
Judge(s): 
Siler, Sutton and McKeague
Read on...

In re Creekside Senior Apartments, L.P.

Summarized by Brian Meldrum, Stites & Harbison PLLC 7 weeks 6 days ago
, , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)
Ruling: 
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...
Judge(s): 
Harris, Humphrey, Preston
Read on...

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

Summarized by Gregory Guest, The John Marshall Law School 9 weeks 2 days ago
, ,
View opinion PDF | Download opinion PDF
Citation: 
Case No. 11-2632 (6th Cir. March 8, 2013)
Ruling: 
The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under the Agreement are distinct from the net present value ...
Judge(s): 
Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.
Read on...

In re Dyer

Summarized by Laura Bartell, Wayne State University Law School 9 weeks 3 days ago
, , , ,
View opinion PDF | Download opinion PDF
Citation: 
No. 12-8030 (6th Cir. BAP March 14, 2013)
Ruling: 
The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering disgorgement of attorneys' fees, and remanded for further proceedings.
Judge(s): 
Emerson, Harris and Lloyd
Read on...

Vassalle v. Midland Funding LLC

Summarized by Jim Morgan, Enterprise Law Group 9 weeks 3 days ago
, ,
View opinion PDF | Download opinion PDF
Citation: 
Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)
Ruling: 
The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The Sixth Circuit found that the settlement was not fair ...
Judge(s): 
Circuit Judges Moore and Cole; District Judge Rose, sitting by designation
Read on...

Bandy v. Fifth Third Bank

Summarized by Thomas DeCarlo, White Lake, Michigan 9 weeks 4 days ago
,
View opinion PDF | Download opinion PDF
Citation: 
Case Number 11-4184
Ruling: 
Complaint fails to state cause of action for conversion where no single count contained a sufficent statement of facts that, if accepted as true, would state a claim for conversion.
Judge(s): 
Martin, Norris and Siler
Read on...

Alfes v. Educational Credit Management Corp. (In re Alfes)

Summarized by Timothy Brink, DLA Piper LLP 9 weeks 4 days ago
, , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling: 
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan debt, and that the guarantor’s amended declaratory judgment complaint ...
Judge(s): 
Boggs and White, Circuit Judges; Black, District Judge
Read on...
Syndicate content