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Summaries by J. Debbeler
- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 7 years 8 months ago
- 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):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 7 years 8 months ago
- 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):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 7 years 9 months ago
- 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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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 7 years 10 months ago
- Ruling:
- Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
- Judge(s):
- Boggs, Sutton and Stranch, Circuit Judges.
- Tag(s):
-
- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 7 years 11 months ago
- Citation:
- 15a0244n.06; No. 14-1237
- Ruling:
- Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit...
- Judge(s):
- Siler, Batchelder and Rogers, Circuit Court Judges
- Tag(s):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 8 years 1 month ago
- Citation:
- File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)
- Ruling:
- In a case arising out of the commercial law dispute between lender and borrowers over the terms of a guaranty, the Sixth Circuit reversed the district court's decision to reform a guaranty and...
- Judge(s):
- Chief Judge Cole, Circuit Judge Griffin and District Judge Carr sitting by designation.
- Tag(s):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 8 years 2 months ago
- Citation:
- File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
- Ruling:
- The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03...
- Judge(s):
- Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
- Tag(s):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 8 years 2 months ago
- Ruling:
- The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate...
- Judge(s):
- Guy, Rogers, Donald- Circuit Judges
- Tag(s):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 8 years 3 months ago
- Citation:
- Sixth Circuit Court of Appeals Bankruptcy Appellate Panel No. 14-8028, File No. 14b0006n.06
- Ruling:
- Insurance proceeds in which the Debtor had an interest at the time of filing of the bankruptcy case are property of the bankruptcy estate. Even though debtor has a pre-petition insurance policy on...
- Judge(s):
- Emerson, Humphrey and Preston (BAP)
- Tag(s):
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- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 8 years 5 months ago
- Citation:
- 14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
- Ruling:
- Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt...
- Judge(s):
- Siler, Batchelder and Donald, Circuit Judges
- Tag(s):
-
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