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Summaries by J. Debbeler

Korean Claimants v. Dow Silicones Corp.

Citation:
23-193c; File No. 24a0447n.06 (6th Circuit, Nov 07,2024) Not Published
Case Status:
Affirmed
Ruling:
Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
Tag(s):

Euna McGruder v. Metro. Gov't of Nashville

Citation:
No. 22-5761: File Name: 24a0089p.06 (6th Circuit, Apr 17,2024) Published
Case Status:
Affirmed
Ruling:
A party's judicial estoppel claim cannot create a previously unrecognized exception to the long-standing jurisdictional rule that generally appellate courts have authority to rule only on final...
Judge(s):
Batchelder, Moore and Clay, Circuit judges
Tag(s):

HUNTINGTON NATIONAL BANK v AIG SPECIALTY INSURANCE CO., et al.,

Citation:
23-3039; File Name: 24a0049n.06 (6th Circuit, Feb 01,2024) Not Published
Case Status:
Reversed
Ruling:
The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...
Judge(s):
Moore, Gibbons and Stranch
Tag(s):

IN RE: MEGAN MARIE TETER

Citation:
No. 22-3778; File Name: 24a0003p.06 (6th Circuit, Jan 03,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...
Judge(s):
Gilman, Bush, Readler
Tag(s):

In re: David W. Carman

Citation:
21-8022; 22b0005n.06 (6th Circuit, Oct 12,2022) Not Published
Case Status:
Affirmed
Ruling:
An unambiguous loan modification agreement, signed by the husband and wife that jointly own the real estate, may modify a mortgage signed by the husband as owner of the real estate and the wife...
Judge(s):
Bauknight, Croom and Stout (opinion author)
Tag(s):

In re: George J. McPherson

Citation:
21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published
Case Status:
Reversed
Ruling:
Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...
Judge(s):
Croom, Dales (dissenting) and Stout (opinion author)
Tag(s):

In re Franklin Harris, Jr.

Citation:
No. 19-4081; File Name: 20a0219p.06 (6th Circuit, Jul 17,2020) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the district court's holding that the bankruptcy court did not abuse its discretion when it decided to abstain from hearing an adversary proceeding brought by the Chapter 13...
Judge(s):
Cole (Chief Judge), Guy and Bush, Circuit Judges.
Tag(s):

In re Theodore Perez

Citation:
Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
Judge(s):
Buchanan, Dales and Opperman (BAP Judges)
Tag(s):

In re: FirstEnergy Solutions Corp

Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Linda Lane v. Saran Dean; Kevin Dean (In re Lane)

Citation:
Adversary Proceedings Nos. 18-8038/8040; Bankruptcy Case No. 3:17-bk-32227; File Name: 19b0008p.06 (6th Circuit, Aug 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals affirmed two rulings by the bankruptcy court which found creditors in contempt and issued sanctions against creditors for: (i)...
Judge(s):
Buchanan, Dales and Wise, Bankruptcy Appellate Judges
Tag(s):

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