Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 1 week ago
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...
Judge(s):
Clay and Gilman (majority) and Sutton (dissenting with opinion)
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 2 weeks ago
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...
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...
Judge(s):
Siler, Batchelder and Rogers, Circuit Court Judges
File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)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...
Judge(s):
Chief Judge Cole, Circuit Judge Griffin and District Judge Carr sitting by designation.
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 3 months ago
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...
Judge(s):
Harrison, Humphrey and Preston; opinion by Humphrey
Borman, LLC v. 18718 Borman, LLC, et al., No. 14-1419 (6th Cir. February, 2, 2015)
Ruling:
The Circuit Court first agreed with the district court’s holding that the intent behind the NMLA requires the NMLA to apply to Borrower’s loan, and bars Purchaser’s action based on the CMBS...
An unwritten agreement for the payment of legal fees incurred by the counsel for a bank receiver is not an “agreement which tends to diminish or defeat the interest of the [FDIC] in any asset...
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling:
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03...
Judge(s):
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 3 months ago
Citation:
2015 WL 249495 (6th Cir. BAP 2015)
Ruling:
Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
