Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

6th Circuit

Hensley v. Associates First Capital Corp. (In re Hensley)

Citation: 
Case No. 13-6304 (6th Cir. 2014)
Ruling: 
Creditor not entitled to reform mortgage to encompass adjacent lot where action to reform mortgage was brought outside 10 year statute of limittions. Creditor not entitled to use equitable ubordination to extend mortgage, although prior mortgage encompassed two parcels, ...
Judge(s): 
Norris, Clay and Keithledge
Read on...

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

Citation: 
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling: 
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's reversionary interest in cows trumped the secured creditor's security interest. Summarizing the applicable ...
Judge(s): 
Circuit Judges Moore and Cole, and District Judge Drain
Read on...

The Lamson & Sessions Co. v. Peters

Citation: 
No. 12-4193 (6th Cir. Aug. 13, 2014)
Ruling: 
Affirmed decision of District Court for the N.D. Ohio granting summary judgment to defendants on claims of breach of contract, tortious interference with contract and unjust enrichment.
Judge(s): 
Batchelder, Griffin and Bell (District Judge for W.D. Mich. sitting my designation)
Read on...

Trudel v. U.S. Department of Education (In re Trudel)

Citation: 
Case No. 13-8049 (6th Cir. BAP 2014)
Ruling: 
Student loans were not dischargeable where debtor proved that current income was not sufficient to pay loans and maintain minimal standard of living, but debtor did not present any evidence that current conditions were likely to continue for substantial duration ...
Judge(s): 
Humphrey, Lloyd and Preston
Read on...

Baldridge v. Ellmann (In re Baldridge)

Citation: 
Case No. 13-700, 6th Circuit, February 3, 2014
Ruling: 
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors' homestead to which the homestead exemption could attach. The Court ...
Judge(s): 
Rogers, McKeague and White, Circuit Judges
Read on...

Plymouth Park Tax Services, LLC v. Bowers (In re Bowers)

Citation: 
Case No. 13-4404
Ruling: 
Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
Judge(s): 
Ketih, Clay and McKeague
Read on...

Spradlin v. Richard

Citation: 
Spradlin v. Richard, 2014 FED App. 0518N (6th Cir. July 15, 2014)
Ruling: 
Sixth Circuit AFFIRMED the district court's affirmance of the bankruptcy court's award of sanctions; VACATED the district court's reversal of the bankruptcy court's motion to extend time and denial of plaintiff’s motion to dismiss defendant’s cross-appeal; and REMAND for such ...
Judge(s): 
MERRITT, MOORE, and CLAY
Read on...

In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Read on...

Neal v. First Alliance Bank

Citation: 
Neal v. First Alliance Bank, Case No. 13-6531 (July 9, 2014).
Ruling: 
Applying Tennessee law, the Sixth Circuit affirmed the District Court's decision sustaining the Chapter 7 Trustee's objection to the Debtors' attempt to exempt two annuities.
Judge(s): 
Guy, Kethledge, and Stranch
Read on...

Collett v. Lee Oil Co (In re Collett)

Citation: 
Case No. 13-8033; File Name 14b0004n.06
Ruling: 
Party's pre-petition initiation of criminal proceedings for criminal theft against debtor, and post-petition cooperation with county attorney, did not constitute violation of automatic stay. Panel declined to rule whether Section 362(b)(1) is an absolute bar to stay violation proceedings ...
Judge(s): 
Emerson, Harrison, Lloyd
Read on...
Syndicate content