Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 6 months ago
Citation:
Case No. 13-4195 (6th Cir. 2014)
Ruling:
Cause of action belonging to debtor's wholly owned corporation is not asset of estate where cause of action did not accrue until after commencement of the debtor's bankruptcy case.
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 6 months ago
Citation:
File Name: 14a0709n.06; Docket No. 13-2522
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of...
Judge(s):
Gibbons, McKeague and Stafford; opinion by McKeague
Summarized by Laura Bartell , Wayne State University Law School
11 years 6 months ago
Citation:
No. 13-2587 (6th Cir. Sept. 5, 2014)
Ruling:
Affirming grant of summary judgment by district court for the E.D. Mich., the Court of Appeals held that defendant insurer did not breach a contract for insurance when it denied plaintiff's claim,...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 6 months ago
Citation:
Case No. 13-6304 (6th Cir. 2014)
Ruling:
Creditor not entitled to reform mortgage to encompass adjacent lot where action to reform mortgage was brought outside 10 year statute of limittions. Creditor not entitled to use equitable...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
11 years 7 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Summarized by Laura Bartell , Wayne State University Law School
11 years 7 months ago
Citation:
No. 12-4193 (6th Cir. Aug. 13, 2014)
Ruling:
Affirmed decision of District Court for the N.D. Ohio granting summary judgment to defendants on claims of breach of contract, tortious interference with contract and unjust enrichment.
Judge(s):
Batchelder, Griffin and Bell (District Judge for W.D. Mich. sitting my designation)
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 7 months ago
Citation:
Case No. 13-8049 (6th Cir. BAP 2014)
Ruling:
Student loans were not dischargeable where debtor proved that current income was not sufficient to pay loans and maintain minimal standard of living, but debtor did not present any evidence that...
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors'...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 8 months ago
Citation:
Case No. 13-4404
Ruling:
Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
11 years 8 months ago
Citation:
Spradlin v. Richard, 2014 FED App. 0518N (6th Cir. July 15, 2014)
Ruling:
Sixth Circuit AFFIRMED the district court's affirmance of the bankruptcy court's award of sanctions; VACATED the district court's reversal of the bankruptcy court's motion to extend time and denial...