District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of...
Judge(s):
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling:
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment...
Judge(s):
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court...
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 10 months ago
Citation:
Case No. 14-2347 (6th Cir. 2015)
Ruling:
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 10 months ago
Citation:
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling:
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for...
Summarized by Laura Bartell , Wayne State University Law School
10 years 10 months ago
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...
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...
Judge(s):
Bankruptcy Appellate Panel Judges Harrison (author), Humphrey and Preston
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 11 months ago
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...
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...
