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6th Circuit

Keeley v. Grider

Citation: 
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling: 
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied plaintiff's motion to amend the default judgment under Fed. R. Bankr. P. ...
Judge(s): 
Cook, White, and Michelson (District Judge sitting by designation)
Read on...

Stratton v. Portfolio Recovery Assoc. LLC

Citation: 
Case No. 13-6574 (6th Cir 2014)
Ruling: 
When original lender enters into agreement with borrower to waive right to collect interest on debt, later debt buyer is bound by that agreement and cannot charge either statutory or contract interest. Debt buyer who acquired debt after lender waived ...
Judge(s): 
Stranch, Keith and Batchelder (dissenting)
Read on...

Derbabian v. Bank of America, N.A.

Citation: 
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling: 
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home. Specifically, plaintiffs (i) failed to plead fraud with specificity, (ii) failed to state a claim for breach of contract because agreements relating ...
Judge(s): 
Cole, Keith, and Batchelder.
Read on...

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
Read on...

Rubin v. Fannie Mae

Citation: 
Case No. 13-1010 (6th Cir. 2014)
Ruling: 
FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired, debtor could not bring action contesting foreclosure process based ...
Judge(s): 
McKeague, Griffin and Polster
Read on...

Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
Read on...

Rugiero v. Nationstar Mortgage, LLC

Citation: 
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling: 
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on plaintiff's property prior to bankruptcy filing alleging predatory and deceptive ...
Judge(s): 
Boggs, Batchelder and White, Circuit Judges
Read on...

Schwab v. Oscar (In re SII Liquidation Co.)

Citation: 
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling: 
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice claim for lack of standing, and the movants did not appeal. Subsequently, the ...
Judge(s): 
HUMPHREY, OPPERMAN, and PRESTON
Read on...

Anderson v. Fisher (In re Anderson)

Citation: 
14 FED App. 0007P (6th Cir.)
Ruling: 
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28 U.S.C. § 1738) in subsequent non-dischargeability action in chapter 7 bankruptcy case. ...
Judge(s): 
Emerson, Opperman and Preston
Read on...

USA v. Elasass

Citation: 
14a0236p.06
Ruling: 
The Sixth Circuit Court of Appeals affirmed the decision of the U.S. District Court which granted summary judgment to the plaintiff U.S.A. on its claims that the defendants Elsass and FRG engaged in certain practices prohibited by the Internal Revenue ...
Judge(s): 
Circuit Court Judges Boggs, Clay and Gillman
Read on...
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