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6th Circuit

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In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of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
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Sinkfield v. State Farm Insurance

Citation: 
No. 13-2587 (6th Cir. Sept. 5, 2014)
Ruling: 
Affirming grant of summary judgment by district court for the E.D. Mich., the Court of Appeals held that defendant insurer did not breach a contract for insurance when it denied plaintiff's claim, because plaintiff fraudulently misstated the value of plaintiff's ...
Judge(s): 
BOGGS, CLAY, and GILMAN, Circuit Judges
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Hensley v. Associates First Capital Corp. (In re Hensley)

Citation: 
Case No. 13-6304 (6th Cir. 2014)
Ruling: 
Creditor not entitled to reform mortgage to encompass adjacent lot where action to reform mortgage was brought outside 10 year statute of limittions. Creditor not entitled to use equitable ubordination to extend mortgage, although prior mortgage encompassed two parcels, ...
Judge(s): 
Norris, Clay and Keithledge
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Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

Citation: 
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling: 
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's reversionary interest in cows trumped the secured creditor's security interest. Summarizing the applicable ...
Judge(s): 
Circuit Judges Moore and Cole, and District Judge Drain
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The Lamson & Sessions Co. v. Peters

Citation: 
No. 12-4193 (6th Cir. Aug. 13, 2014)
Ruling: 
Affirmed decision of District Court for the N.D. Ohio granting summary judgment to defendants on claims of breach of contract, tortious interference with contract and unjust enrichment.
Judge(s): 
Batchelder, Griffin and Bell (District Judge for W.D. Mich. sitting my designation)
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Trudel v. U.S. Department of Education (In re Trudel)

Citation: 
Case No. 13-8049 (6th Cir. BAP 2014)
Ruling: 
Student loans were not dischargeable where debtor proved that current income was not sufficient to pay loans and maintain minimal standard of living, but debtor did not present any evidence that current conditions were likely to continue for substantial duration ...
Judge(s): 
Humphrey, Lloyd and Preston
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Baldridge v. Ellmann (In re Baldridge)

Citation: 
Case No. 13-700, 6th Circuit, February 3, 2014
Ruling: 
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors' homestead to which the homestead exemption could attach. The Court ...
Judge(s): 
Rogers, McKeague and White, Circuit Judges
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Plymouth Park Tax Services, LLC v. Bowers (In re Bowers)

Citation: 
Case No. 13-4404
Ruling: 
Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
Judge(s): 
Ketih, Clay and McKeague
Read on...
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