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Summaries by J. Debbeler

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):

Couch v. Panther Petroleum, LLC (Couch)

Citation:
No. 17-5194 (File Name: 17a0609n.06) (6th Circuit, Nov 06,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the Bankruptcy Appellate Panel's decision upholding the Bankruptcy Court's granting of a motion for summary judgment in a non-dischargeability case finding that a state trial...
Judge(s):
Cole, Chief Judge, Rogers and Griffin, Circuit Judges. ,
Tag(s):

Kohut v. United Healthcare Insurance Co. (In re LSC Liquidation, Inc.)

Citation:
No. 16-2324; File Name:17a0415n.06 (6th Circuit, Jul 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
Tag(s):

Avant Capital Partners, LLC v. Strathmore Development Co Michigan, LLC

Citation:
Sixth Circuit Case Nos. 16-2378/16-2418; File Name: 17a0400n.06 (6th Circuit, Jul 10,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...
Judge(s):
Boggs, Clay and Sutton, Circuit Judges
Tag(s):

In re Trost; Trost v. Trost (Adversary)

Citation:
Sixth Circuit BAP Case No. 16-8024; File Name: 17b0005n.06 (6th Circuit, Jun 28,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit BAP affirmed Bankruptcy Court's order granting summary judgment for the creditor in a non-dischargeability case under Section 523(a)(6) determining that a jury verdict in U.S....
Judge(s):
Delk, Preston and Wise, Bankruptcy Appellate Judges
Tag(s):

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