Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 6 months ago
Citation:
Case No. 13-8006 (6th Cir. BAP 2013)
Ruling:
Although Rule 9024 governing reconsideration of claims is an exception to the one-year limit under Rule 60(c) for reconsideration of orders in general, Debtor's motion to reconsider claim filed...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
12 years 6 months ago
Citation:
In re Kem Lott Ralph [No. 13-8005] (6th Cir. B.A.P. Aug. 27, 2013)
Ruling:
The B.A.P. held that the bankruptcy court did not err in determining that the debtor-appellant's motion fell outside the exception to the "one year rule" contained in Rule 9024 of the Federal Rules...
Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.), Case No. 10-2537 (6th Cir. Aug. 20, 2013)
Ruling:
The bankruptcy court's orders denying the motions to substantively consolidate two Chapter 7 bankruptcy estates were not final orders within the meaning of 28 U.S.C. § 158(a)(1).
Judge(s):
The Honorable Deborah L. Cook, the Honorable Jane Branstetter Stranch, and the Honorable David M. Lawson (United States District Judge for the Eastern District of Michigan, sitting by designation).
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 7 months ago
Citation:
File Name 13a0223p.06; Docket No. 12-6362
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, holding that the district court's affirmance of the bankruptcy court order declining to confirm a proposed Chapter...
The Sixth Circuit reversed the district court's injunctive order and affirmed the dismissal of a labor dispute governed by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA). The...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 7 months ago
Citation:
2013 WL 3925820 (6th Cir. 2013)
Ruling:
Funds constituted property of the debtor at the time of transfer for purposes of avoiding a fraudulent transfer. Provisional credit by bank for check deposited by debtor to hold in trust for third...
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...