Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 8 months ago
Citation:
2011 WL 2646549 (6th Cir. BAP, July 7, 2011)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's findings of fact and conclusions of law holding that the trustee had not met her burden of proof with respect to...
Judge(s):
Fulton, Harris and Rhodes, Bankruptcy Appellate Panel Judges
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 8 months ago
Citation:
11-b0008p.06; BAP Case No. 10-8083
Ruling:
Mr. Looney's debt to the title insurer was nondischargeable under Section 523(a)(2)(A) since he personally benefitted from the materially false statement about the absence of potential mechanics'...
___F3d. ___(6th Cir. 2011); Case No. 10-1182 (June 27, 2011)
Ruling:
The Sixth Circuit reversed in part and affirmed in part the district court’s granting of summary judgment in favor of the Defendant Leikin Ingber & Winters PC ("Leiken") that it had not violated...
__B.R.__, 2011 FED App. 0007P(6th Cir. June 24, 2011)
Ruling:
Bankruptcy court erred in granting summary judgment in favor of Ch. 7 Trustee and in denying summary judgment in favor of lender. The B.A.P. held that language in Second Home Rider to lender's...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 9 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
A motion to vacate based upon a theory of fraud on the court was barred by the doctrine of finality where the court considered and rejected the theory on multiple prior occasions.
In order to...
The 6th Circuit Bankruptcy Appellate Panel AFFIRMED the Bankruptcy Court, which held that, under Kentucky law, a description of property to be mortgaged that is attached as an exhibit to a mortgage...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 9 months ago
Citation:
2011 Fed App. 0005P; BAP Docket No. 10-8054
Ruling:
The Debtors could not exempt the non-refundable portion of their Child Tax Credit because it only reduced their tax liability and did not constitute a "payment" under applicable Ohio law exempting...
Summarized by Laura Bartell , Wayne State University Law School
14 years 9 months ago
Citation:
2011 Fed. App. 0004P (6th Cir. BAP June 15, 2011)
Ruling:
Debtors were entitled to claim a homestead exemption for a residence that was their homestead on the date the bankruptcy petition was filed, despite the fact that Debtors sold the residence...
Sixth Circuit affirmed district court's dismissal of the plaintiff's complaint under FRCP 12(b)(6) which asserted claims for breach of contract and promissory estoppel relating to Bank One nka...
