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Summaries by J. Debbeler

Holley v. Corcoran (In re Holley)

Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

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):

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):

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 Kiriazis

Citation:
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling:
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and...
Judge(s):
Humphrey, Opperman, Wise
Tag(s):

Brown v. Van Ru Credit Corp.

Citation:
File Name15a1252p.06; Case No. 15-1323, U.S. Court of Appeal for the Sixth Circuit (Oct. 22, 2015)
Ruling:
A voicemail by a student loan credit collection agency to a business owned by someone who owes student loan debt which simply provides the name of the caller, a reference number and the creditor's...
Judge(s):
Rogers and Donald, Circuit Court Judges, and Rose, District Judge, sitting by designation.
Tag(s):

U.S.A. v. Bruner

Citation:
15a0543n.06; Case No. 14-5990
Ruling:
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of...
Judge(s):
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
Tag(s):

Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation:
15a049n.06
Ruling:
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Judge(s):
Cole, Chief Judge, Moore and Clay, Circuit Judges
Tag(s):

In re Fremont Hospitality Group, LLC

Citation:
15b0001n.06
Ruling:
Bankruptcy court's denial of a motion for relief from stay and granting of a Chapter 7 trustee's motion objecting to a proof of claim were both affirmed by the Bankruptcy Appellate Panel (BAP) as...
Judge(s):
Bankruptcy Appellate Panel Judges Harrison (author), Humphrey and Preston
Tag(s):

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