Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling:
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied...
Judge(s):
Cook, White, and Michelson (District Judge sitting by designation)
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 6 months ago
Citation:
Case No. 13-6574 (6th Cir 2014)
Ruling:
When original lender enters into agreement with borrower to waive right to collect interest on debt, later debt buyer is bound by that agreement and cannot charge either statutory or contract...
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling:
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt...
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling:
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home.
Specifically, plaintiffs (i) failed...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 7 months ago
Citation:
Case No. 13-1010 (6th Cir. 2014)
Ruling:
FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired,...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 7 months ago
Citation:
File name 14a0745n.06; Docket No. 13-3402
Ruling:
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Summarized by Laura Bartell , Wayne State University Law School
11 years 8 months ago
Citation:
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling:
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on...
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice...
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
The Sixth Circuit Court of Appeals affirmed the decision of the U.S. District Court which granted summary judgment to the plaintiff U.S.A. on its claims that the defendants Elsass and FRG engaged...
