Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 1 month ago
Citation:
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling:
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit...
Javery v. Lucent Techs., Inc. Long Term Disability Plan for Mgmt., No. 12-3834 (6th Cir. Feb. 3, 2014)
Ruling:
The court held that the district court's ruling on the issue of judicial estoppel was proper. The court did not decide the applicable standard of review, because the district court's ruling was...
Rizzo v State of Michigan Dept. of Treasury (In re Rizzo), Case No. 13-1230
Ruling:
Whether a state tax is a non-dischargeable "excise tax" is a matter of federal law. The Court found that the term "excise tax" in Sec. 507 was not ambiguous and that whether a tax is an "excise...
Summarized by Laura Bartell , Wayne State University Law School
12 years 1 month ago
Citation:
No. 13-5469 (6th Cir. Jan. 30, 2014)
Ruling:
Affirming decision of district court for the E.D. Tenn., court of appeals held that Tennessee prohibition of direct actions against insurer before insured is held liable bars creditor from suing...
Judge(s):
Batchelder and Griffin, circuit judges, and Bell, district court judge sitting by designation.
The Panel reverses the bankruptcy court’s order granting summary judgment. Although the court did not err in finding that Bingham Greenebaum adequately supported its renewed motion for summary...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 2 months ago
Citation:
Case No. 13-1476 (6th Cir. 2014)
Ruling:
In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city...
Affirming the bankruptcy court for the Southern District of Ohio, the Sixth Circuit Bankruptcy Appellate Panel held claims of lender under a note and loan agreement were properly disallowed where...
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
In re Bowers, No. 13-8014 (B.A.P. 6th Cir. Nov. 22, 2013)
Ruling:
The decision of the district court was affirmed. Pursuant to Ohio Rev. Code Ann. § 5721.37(A)(3), the certificate rate of interest, not the interest rate provided in Ohio Rev. Code Ann. §...
Adell v. Honigman, Miller, Schwartz & Cohn, LLP (In re John Richards Homes Building Company, LLC), Case Nos. 12-2012, 12-2013, 12-2014, and 12-2015 (6th Cir. Nov. 20, 2013) (unpublished).
Ruling:
The Sixth Circuit Court of Appeals held that (i) a bankruptcy court has the power to enter an award of attorneys' fees for enforcing a judgment entered under 11 U.S.C. § 303(i) and for collateral...
