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Summaries by J. Debbeler

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):

Pasley v. Keats (In re Pasley)

Citation:
Case No. 18-8048; File Name: 19b0007p.06 (6th Circuit, Aug 06,2019) Published
Case Status:
Dismissed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
Tag(s):

United States v. Thomas Thompson

Citation:
No. 17-4264; File Name: 19a01107p.06 (6th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the District Court's denial of a motion to terminate a defendant's civil-contempt sanctions in accordance with U.S.C. Section 1826. The Sixth Circuit found that because the...
Judge(s):
Moore, Clay and Donald, Circuit Judges
Tag(s):

Dean & Dean v. Lane (In re Lane)

Citation:
File Name: 19b0005p.06; No. 8-8042 (6th Circuit, Apr 29,2019) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel dismissed appeal by a creditor of an interim fee award granted to Debtor's counsel finding that: (i) the interim fee award was not a final order, and...
Judge(s):
BAP Judges Wise, Buchanan and Dales
Tag(s):

Maria Nino v. Flagstar Bank, FSB (In re Nino)

Citation:
Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
Judge(s):
Clay, McKeague and White, Circuit Judges
Tag(s):

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Lowe v. Ransier

Citation:
Nos. 15-8053/8055; File No. 18b0003p.06 (6th Circuit, Mar 13,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed Bankruptcy Court's decision that found indirect equity owner of Debtor in contempt for pursuing claims in his own name in state court under...
Judge(s):
BAP Judges Delk, Harrison and Opperman (Chief- wrote opinion)
Tag(s):

Harker v. PNC Mortgage Co.

Citation:
File Name: 18b0001p.06; No. 17-8005 (6th Circuit, Feb 06,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Tag(s):

Cox v. Specialty Vehicle Solutions, LLC

Citation:
Sixth Circuit Case Nos. 16-5289/5290 (File Name: 17a0629n.06) (6th Circuit, Nov 15,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit holds that an action taken in violation of an automatic stay may be validated in either of two ways: (i) by the bankruptcy court annulling the stay which permits the order to operate...
Judge(s):
Guy, Clay and White, Circuit Judges (opinion by White with dissent by Clay)
Tag(s):

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