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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

In re: Kidd Ramey

Citation:
No. 16-8015 (6th Cir. BAP Sept. 30, 2016)
Ruling:
Affirming dismissal of debtor's chapter 7 bankruptcy case for failure to fulfill prepetition credit counseling requirement of Section 109(h) and denial of motion to vacate dismissal order.
Judge(s):
Harrison, Humphrey and Preston
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
Tag(s):

Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

Citation:
File Name:16a0470n.06; No. 15-3563
Ruling:
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's...
Judge(s):
Boggs, Rodgers and Berg- District Judge sitting by designation
Tag(s):

Grossman v. Wehrle (In re Royal Manor Management, Inc.)

Citation:
File Name 16a0324n.06; Docket No. 15-3146
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015),...
Judge(s):
Norris, McKeague and White; opinion by White
Tag(s):

Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

Citation:
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling:
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is...
Judge(s):
Harrison, Opperman, Wise
Tag(s):

In re Tench

Citation:
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling:
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
Judge(s):
Delk, Humphrey, Opperman
Tag(s):

In re Four Wells Limited

Citation:
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling:
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its...
Judge(s):
Harrison, Preston & Wise, Bankruptcy Appellate Panel judges
Tag(s):

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