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6th Circuit

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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Gillie, et al. v. Law Office of Eric A. Hones, LLC, et al.

Citation: 
Case No. 14-3836 (6th Cir. 2015)
Ruling: 
Private attorney retained by State to collect obligations owed to State is not "officer or employee" of State for purposes of exception from Fair Debt Collection Practices Act. Attorney violated FDCPA by sending demand letters on letterhead of State ...
Judge(s): 
Clay and Gilman (majority) and Sutton (dissenting with opinion)
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Baxter v. Sarmadi

Citation: 
File name 15a0295n.06; Docket No. 14-5633
Ruling: 
Affirming the Bankruptcy Appellate Panel (BAP), the Court of Appeals held that the automatic stay was properly annulled based on the debtor's lack of good faith and failure to adequately protect the creditor's interest. Accordingly, the post-petition foreclosure sale ...
Judge(s): 
Siler, Moore and Stranch; opinion by Stranch
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Bay Corrugated Container, Inc. v. Gould

Citation: 
15a0244n.06; No. 14-1237
Ruling: 
Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit found that; (I) the litigant showed a reckless disregard for the ...
Judge(s): 
Siler, Batchelder and Rogers, Circuit Court Judges
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Waldman, et al. v. Stone

Citation: 
Case No. 13-5404 (6th Cir. March 19, 2015)
Ruling: 
District Court not required to take additional evidence when reviewing bankruptcy court proposed findings of fact and conclusions of law.
Judge(s): 
Kethledge, Stranch and Gwin
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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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