Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 9 months ago
Citation:
Frank v. Dana Corp., 2011 WL 2020717 (6th Cir. May 25, 2011)
Ruling:
Plaintiffs adequately plead scienter as to the defendants with respect to their claims under section 10(b) of the Securities Exchange Act of 1934 and, thus, the district court erred in dismissing...
The Sixth Circuit affirmed the District Court's summary affirmance of the Bankruptcy Court's order pursuant to Disctrict Court's local rule which provides that the failure of the appellant to...
___F3d. ___(6th Cir. 2011); Case No. 09-3848 (May 16, 2011)
Ruling:
The Sixth Circuit reversed the District Court's sua sponte summary judgment order which found the Debtor's taxes to be non-dischargeable under 11 U.S.C. Sec. 523 (a)(1)(C). The Sixth Circuit held...
The Sixth Circuit affirmed the bankruptcy court's grant of judgment to Qwest based on partial findings based on its review of the contract and Delaware contract law. The Sixth Circuit affirmed the...
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
15 years 2 weeks ago
Citation:
6th Cir. BAP, Case No. 10-8042, Opinion March 9, 2011
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the order of the bankruptcy court sustaining the Trustee's objection to the debtors' claim of exemption because the Debtor stipulated...
Sixth Circuit Court of Appeals Case No. 09-4448 Opinion Mar. 1, 2011
Ruling:
In consolidated appeals from the Sixth Circuit Bankruptcy Appellate Panel, Court of Appeals affirmed decisions of bankruptcy court denying bankruptcy trustees' request to avoid debtors' mortgages...
Judge(s):
Martha Craig Daughtrey, Eric L. Clay, Helene N. White
Summarized by Dean Langdon , DelCotto Law Group PLLC
15 years 1 month ago
Citation:
6th Cir. BAP 11b0002n.06
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed in part and reversed in part a ruling of the Bankruptcy Court for the Eastern District of Kentucky dismissing the Chapter 7 Trustee's amended...
Michigan's bankruptcy specific exemption statute (Mich. Comp. Laws Section 600.5451) is unconstitutional under the Bankruptcy Clause of the United States Constitution (Article I, sec. 8, cl.4)....
The BAP held that it lacked jurisdiction to hear the appeal of the bankruptcy court's order granting debtors' motion to remand for lack of subject matter jurisdiction, regardless of whether the...
