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6th Circuit

U.S.A. v. Bruner

Citation: 
15a0543n.06; Case No. 14-5990
Ruling: 
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of counsel defense. The Sixth Circuit found ...
Judge(s): 
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
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Liggett v. Schwartz (In re Schwartz)

Citation: 
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling: 
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment of divorce grants contract rights as opposed to property ...
Judge(s): 
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
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In re William C. Aubiel

Citation: 
15 FED App. 0004P (6th Cir.) File Name: 15b0004p.06
Ruling: 
Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court did not err in determining that trustee carried burden of ...
Judge(s): 
Delk, Humphrey and Preston
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Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation: 
15a049n.06
Ruling: 
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were questions of fact regarding the piercing the corporate veil theory of ...
Judge(s): 
Cole, Chief Judge, Moore and Clay, Circuit Judges
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In re Sheppard

Citation: 
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling: 
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for the creditor was not listed in the ...
Judge(s): 
Delk, Lloyd and Opperman; opinion by Judge Lloyd
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Breadiy v. PNC Mortgage

Citation: 
Case No. 14-2347 (6th Cir. 2015)
Ruling: 
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
Judge(s): 
Boggs, Batchelder and Huck (District Judge)
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Ellmann v. Baker (In re Baker)

Citation: 
No. 14-2149 (6th Cir. July 2, 2015)
Ruling: 
Affirming the district court, the Court of Appeals held that the Supreme Court's decision in Law v. Siegel, 134 S.Ct. 1188 (2014) limits the bankruptcy court's power to disallow claimed exemptions on the basis of debtor misconduct, and that the ...
Judge(s): 
Cole, Chief Judge, Merritt and Batchelder.
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In re Fremont Hospitality Group, LLC

Citation: 
15b0001n.06
Ruling: 
Bankruptcy court's denial of a motion for relief from stay and granting of a Chapter 7 trustee's motion objecting to a proof of claim were both affirmed by the Bankruptcy Appellate Panel (BAP) as neither the record on appeal nor ...
Judge(s): 
Bankruptcy Appellate Panel Judges Harrison (author), Humphrey and Preston
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Neff v. Flagstar Bank

Citation: 
Case No. 14-3837 (6th Cir. 2015)
Ruling: 
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would modify loan, where borrower could not prove that but for alleged misrepresentation the ...
Judge(s): 
Moore, Cook and Cohn (District Judge)
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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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