Home » 6th Circuit

Glazer v. Chase Home Finance LLC

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 13 years 2 months ago
Citation:
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling:
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts...
Judge(s):
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Tag(s):

Hogan v. George (In re George)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 2 months ago
Citation:
Hogan v. George (In re George), Case No. 12-8013 (B.A.P. 6th Cir. Jan. 11, 2013)
Ruling:
Appellants - creditors holding a claim related to a state court judgment for breach of contract, negligent misrepresentation, and fraud - were entitled to an exception from discharge pursuant to 11...
Judge(s):
Emerson, McIver, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

In re Miller

  • Summarized by James Morgan , Howard & Howard
  • 13 years 2 months ago
Citation:
In re Miller, Case No. 12-9008 (B.A.P. 6th Cir. December 27, 2012) (limited precedential effect pursuant to 6th Cir. BAP LBR 8013-1(b))
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit (the “BAP”) held that the appellants, a chapter 7 debtor and his heir, were not “persons aggrieved” by the bankruptcy court’s order...
Judge(s):
Emerson, Fulton, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

In re Pertuset

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 13 years 3 months ago
Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
Judge(s):
Fulton, Harris and Shea-Stonum; opinion by Fulton
Tag(s):

Southeast Waffles, LLC v. U.S. Department of Treasury (In re Southeast Waffles, LLC)

Citation:
No. 11-6522, 2012 U.S. App. LEXIS 24991 (6th Cir. Dec. 6, 2012)
Ruling:
The decision of the bankruptcy appellate panel was affirmed. The debtor cannot state a claim for avoidance of payments that necessarily resulted in a dollar-for-dollar reduction in tax penalties...
Judge(s):
Boggs, Clay, and Stafford
Tag(s):

Coyer v. HSBC Mortgage Services, Inc.

  • Summarized by James Bailey , Butler Snow LLP
  • 13 years 3 months ago
Citation:
12a0396p.06
Ruling:
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Judge(s):
Merritt, Martin and Gilman
Tag(s):

Stephenson v. Malloy

  • Summarized by Robert Miller , University of South Dakota, Knudson School of Law
  • 13 years 4 months ago
Citation:
Stephenson v. Malloy, Case No. 11-1671 (6th Cir. Oct. 30, 2012)
Ruling:
The Court joined a number of other Circuits in holding that a debtor's alleged wrongdoing cannot be the basis for judicial estoppel of a trustee who is the real party in interest and did not...
Judge(s):
Opinion authored by District Judge Reeves who was joined by Circuit Judges White and Siler.t
Tag(s):

Waldman v. Stone

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 13 years 4 months ago
Citation:
Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court. (2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
Tag(s):

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