Summarized by Laura Bartell , Wayne State University Law School
13 years 1 week ago
Citation:
No. 12-8030 (6th Cir. BAP March 14, 2013)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
13 years 1 week ago
Citation:
Case Number 11-4184
Ruling:
Complaint fails to state cause of action for conversion where no single count contained a sufficent statement of facts that, if accepted as true, would state a claim for conversion.
Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)
Ruling:
The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The...
Judge(s):
Circuit Judges Moore and Cole; District Judge Rose, sitting by designation
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 1 week ago
Citation:
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling:
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan...
Judge(s):
Boggs and White, Circuit Judges; Black, District Judge
Summarized by Gregory Guest , Dickinson Wright, PLLC
13 years 1 week ago
Citation:
Case No. 11-2632 (6th Cir. March 8, 2013)
Ruling:
The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under...
Judge(s):
Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.
Summarized by Laura Bartell , Wayne State University Law School
13 years 1 month ago
Citation:
No. 11-2467 (6th Cir. Feb. 14, 2013)
Ruling:
Sixth Circuit reversed dismissal of claim under Fair Debt Collection Practices Act by homeowners against law firm representing lender in connection with foreclosure of mortgage, holding that law...
Judge(s):
Moore and Cole, Circuit Judges, and Rose, district judge sitting by designation
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 1 month ago
Citation:
U.S. v. Kurlemann, Case Nos. 11-3394/3544/3397 (6th Cir. Feb. 13, 2013)
Ruling:
The Sixth Circuit affirmed defendant's bankruptcy fraud convictions, and reversed his false statements conviction and remanded the false statements charges for retrial. The Sixth Circuit did not...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 1 month ago
Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
The decision of the bankruptcy court was affirmed. The debtor cannot claim a homestead exemption pursuant to Ohio state law in a home that is owned by an LLC of which the debtor holds the sole...
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28...
