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6th Circuit

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation: 
15a0361n.06
Ruling: 
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million under a 2009 Master Sale and Purchase ...
Judge(s): 
Boggs, Sutton and Stranch, Circuit Judges.
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Gillie, et al. v. Law Office of Eric A. Hones, LLC, et al.

Citation: 
Case No. 14-3836 (6th Cir. 2015)
Ruling: 
Private attorney retained by State to collect obligations owed to State is not "officer or employee" of State for purposes of exception from Fair Debt Collection Practices Act. Attorney violated FDCPA by sending demand letters on letterhead of State ...
Judge(s): 
Clay and Gilman (majority) and Sutton (dissenting with opinion)
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Baxter v. Sarmadi

Citation: 
File name 15a0295n.06; Docket No. 14-5633
Ruling: 
Affirming the Bankruptcy Appellate Panel (BAP), the Court of Appeals held that the automatic stay was properly annulled based on the debtor's lack of good faith and failure to adequately protect the creditor's interest. Accordingly, the post-petition foreclosure sale ...
Judge(s): 
Siler, Moore and Stranch; opinion by Stranch
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Bay Corrugated Container, Inc. v. Gould

Citation: 
15a0244n.06; No. 14-1237
Ruling: 
Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit found that; (I) the litigant showed a reckless disregard for the ...
Judge(s): 
Siler, Batchelder and Rogers, Circuit Court Judges
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Waldman, et al. v. Stone

Citation: 
Case No. 13-5404 (6th Cir. March 19, 2015)
Ruling: 
District Court not required to take additional evidence when reviewing bankruptcy court proposed findings of fact and conclusions of law.
Judge(s): 
Kethledge, Stranch and Gwin
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JP Morgan Chase Bank v. Winget

Citation: 
File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)
Ruling: 
In a case arising out of the commercial law dispute between lender and borrowers over the terms of a guaranty, the Sixth Circuit reversed the district court's decision to reform a guaranty and remanded the case to the district court ...
Judge(s): 
Chief Judge Cole, Circuit Judge Griffin and District Judge Carr sitting by designation.
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In re Royal Manor Management

Citation: 
15 FED App. 0002P; Docket Nos. 13-8054; 14-8018
Ruling: 
The Bankruptcy Appellate Panel (BAP) affirms the Bankruptcy Court for the Northern District of Ohio, which a) imposed sanctions of $207,004 against a creditor's counsel; b) denied a motion to recuse; c) allowed retention of special counsel to collect the ...
Judge(s): 
Harrison, Humphrey and Preston; opinion by Humphrey
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Borman, LLC v. 18718 Borman, LLC, Joseph Schwebel

Citation: 
Borman, LLC v. 18718 Borman, LLC, et al., No. 14-1419 (6th Cir. February, 2, 2015)
Ruling: 
The Circuit Court first agreed with the district court’s holding that the intent behind the NMLA requires the NMLA to apply to Borrower’s loan, and bars Purchaser’s action based on the CMBS loan not fitting within the NMLA definition of ...
Judge(s): 
Daughtrey, Clay, and Cook, Circuit Judges
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Commercial Law Corp. PC v. FDIC

Citation: 
No. 14-1399 (6th Cir. Jan. 27, 2015).
Ruling: 
An unwritten agreement for the payment of legal fees incurred by the counsel for a bank receiver is not an “agreement which tends to diminish or defeat the interest of the [FDIC] in any asset acquired by it…as security for ...
Judge(s): 
Daughtrey, Clay, and Cook.
Not worthy of a summary? Why?: 
Case is not related to bankruptcy. It involves an interpretation of 12 U.S.C. 1823(e)(1) and 12 U.S.C. 1821(d)(9)(A) and the common law D'Oench doctrine in the context of bank insolvency.
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Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

Citation: 
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling: 
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03 of the Settlement and Fund Distribution Agreement (SFA) and (2) ...
Judge(s): 
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
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