Summarized by Laura Bartell , Wayne State University Law School
9 years 6 months ago
Citation:
No. 15-2236 (6th Cir. Nov. 14, 2016)
Ruling:
Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of...
Summarized by Dean Langdon , DelCotto Law Group PLLC
9 years 6 months ago
Citation:
Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06
Ruling:
The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 6 months ago
Citation:
2016 WL 6575045 (6th Cir. BAP 2016)
Ruling:
Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding...
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 7 months ago
Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Summarized by Laura Bartell , Wayne State University Law School
9 years 7 months ago
Citation:
No. 16-8015 (6th Cir. BAP Sept. 30, 2016)
Ruling:
Affirming dismissal of debtor's chapter 7 bankruptcy case for failure to fulfill prepetition credit counseling requirement of Section 109(h) and denial of motion to vacate dismissal order.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 8 months ago
Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's...
Judge(s):
Boggs, Rodgers and Berg- District Judge sitting by designation
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 9 months ago
Citation:
2016 WL 4147641 (6th Cir. BAPp 2016)
Ruling:
Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...