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6th Circuit

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File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)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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Church Joint Venture, L.P. v. Blasingame (In re Blasingame)

Citation: 
2015 WL 249495 (6th Cir. BAP 2015)
Ruling: 
Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
Judge(s): 
Harrison, Humphrey and Preston
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Thomas v. Clark (In re Thomas)

Citation: 
No. 14-5735 (6th Cir.Jan. 8, 2015)
Ruling: 
Claim for Debtor's share of second mortgage on former marital house and judgment lien on the house constituted domestic support obligations and were not dischargeable in Debtor's bankruptcy case.
Judge(s): 
Sutton, McKeague, and Kethledge, Circuit Judges
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Lawrence v. Commonwealth of Kentucky Transportation Cabinet (In re Shelbyville Rd Shoppes, LLC)

Citation: 
15a0002p.06
Ruling: 
The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate purchase contract as the debtor had no ...
Judge(s): 
Guy, Rogers, Donald- Circuit Judges
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Hagan v. Baird (In re B&P Baird Holdings, Inc.)

Citation: 
Case no. 14-1060 (6th Cir. 2014)
Ruling: 
Trustee's action to recover funds misappropriated by debtor's principals not barred by in pari delecto.
Judge(s): 
Daughtrey, McKeague and White
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Lawless v. Newton, Jr (In re Lawless)

Citation: 
File name 14a0928n.06; Docket No. 14-5290
Ruling: 
The Sixth Circuit affirmed the Bankruptcy Court for the Eastern District of Tennessee, which held that because the debtor could elect to take a lump sum distribution of his retirement funds, it was excluded from the Tennessee statute which exempted ...
Judge(s): 
Siler, Sutton and McKeague; opinion by McKeague
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