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6th Circuit

In re Kiriazis

Citation: 
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling: 
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and Agreed Order- and the bankruptcy court held that ...
Judge(s): 
Humphrey, Opperman, Wise
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Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation: 
File Name 16a0018p.06; Docket No. 14-6521
Ruling: 
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the case. The Sixth Circuit found there is ...
Judge(s): 
Guy, Moore and Kethledge; opinion by Kethledge
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Juett v. Casciano (In re Casciano)

Citation: 
No. 15-8013 (6th Cir. BAP Jan. 11, 2016)
Ruling: 
Reversed decision of Bankruptcy Court for the W.D. Mich. that plaintiff failed to establish that his debt (based on Debtor's action in punching plaintiff in face) was nondischargeable under 11 USC sec.523(a)(6), and remanded for further proceedings.
Judge(s): 
Delk, Humphrey and Lloyd, Bankruptcy Appellate Panel judges
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In re Martin, Sr.

Citation: 
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling: 
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries, 907 F.2d 1280 (2d Cir. 1990) and In ...
Judge(s): 
Delk, Harrison and Lloyd
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Antioch Co. Litigation Trust v. Morgan, et al.

Citation: 
File Name 15a0778n.06; Docket No. 14-3790
Ruling: 
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging breach of fiduciary duty dismissed below after ...
Judge(s): 
Guy, Moore and Kethledge, opinion by Guy
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Brown v. Van Ru Credit Corp.

Citation: 
File Name15a1252p.06; Case No. 15-1323, U.S. Court of Appeal for the Sixth Circuit (Oct. 22, 2015)
Ruling: 
A voicemail by a student loan credit collection agency to a business owned by someone who owes student loan debt which simply provides the name of the caller, a reference number and the creditor's name, and which requests someone from ...
Judge(s): 
Rogers and Donald, Circuit Court Judges, and Rose, District Judge, sitting by designation.
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Weary v. Poteat

Citation: 
15a0662n.06; Docket No. 15-5159
Ruling: 
Affirming the district court ruling below, the Sixth Circuit Court of Appeals held a prior landlord's letter to the debtor's attorney and mother threatening criminal prosecution did not fall within the exception to the automatic stay for the "commencement or ...
Judge(s): 
Merritt, McKeague and White, opinion by McKeague
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Mediofactoring v. McDermott (In re Connolly N. Am., LLC)

Citation: 
No. 13-2489 (6th Cir. Sept. 21, 2015)
Ruling: 
Administrative expenses are allowable under Section 503(b) to creditors who make a substantial contribution in a case under chapter 7 of the Bankruptcy Code.
Judge(s): 
White, Donald and O'Malley.
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Thabata v. Bank of America, N.A.

Citation: 
File 15a0585n.06; Case No 15-1010
Ruling: 
Sixth Circuit affirmed District Court's grant of summary judgment to mortgagee Bank of America (BOA) finding that the District Court properly found that BOA complied with Michigan's statutory foreclosure framework and the Sixth Circuit found that District Court properly denied ...
Judge(s): 
Guy, Moore, and Kethledge, Circuit Judges
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Fillinger v. Lerner Sampson & Rothfuss, et al.

Citation: 
No. 14-4097 (6th Cir. August 17, 2015)
Ruling: 
The Sixth Circuit affirmed dismissal of claims brought under the Fair Debt Collection Practices Act ("FDCPA") because the claims were facially barred by the FDCPA's one-year statute of limitations and the plaintiff did not adequately plead fraudulent concealment for purposes ...
Judge(s): 
Batchelder, Stranch, and Hood
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