All summarized opinions

Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 17 weeks 4 days ago
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Citation: 
13a0063n.06
Ruling: 
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28 U.S.C. § 1334(d). Appeal of order granting relief from automatic ...
Judge(s): 
Guy, Sutton and Cook
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Coyer v. HSBC Mortgage Services, Inc.

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 23 weeks 5 days ago
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Citation: 
12a0396p.06
Ruling: 
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law fraud; (4) breach of the implied covenant of good faith and ...
Judge(s): 
Merritt, Martin and Gilman
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Salyersville National Bank v. Bailey (In re Bailey)

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 1 year 22 weeks ago
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Citation: 
11a0308p.06
Ruling: 
Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under Kentucky law as agreement was premised on a mutual mistake. Court of Appeals ...
Judge(s): 
Keith, Sutton McKeague
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State Bank of Florence v. Miller (In re Miller)

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 1 year 32 weeks ago
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Citation: 
2011 FED. App. 0012P (6th Cir.)
Ruling: 
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it was required by Michigan law to ...
Judge(s): 
Harris, Rhodes and Shea-Stonum
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Rogan v. Litton Loan Servicing, L.P. (In re Collins)

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 1 year 38 weeks ago
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Citation: 
2011 FED App. 0010p (6th Cir.)
Ruling: 
1) As to 1st mortgage, dismissal of Trustee's complaint under §544(a) vacated and remanded for determination as to (i) who was 1st mortgage holder on petition date and (ii) whether either was the holder of a fully and properly endorsed ...
Judge(s): 
Boswell, Harris and Rhodes
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