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Summaries by J. Debbeler
- Summarized by J. Debbeler , Bricker Graydon LLP
- 9 years 6 months ago
- 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):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 9 years 9 months ago
- 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):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 10 years 1 month ago
- 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):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 10 years 4 months ago
- 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):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 10 years 6 months ago
- Citation:
- File 15a0585n.06; Case No 15-1010
- Ruling:
- Sixth Circuit affirmed District Court's grant of summary judgment to mortgagee Bank of America (BOA) finding that the District Court properly found that BOA complied with Michigan's statutory...
- Judge(s):
- Guy, Moore, and Kethledge, Circuit Judges
- Tag(s):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 10 years 7 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 , Bricker Graydon LLP
- 10 years 7 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 , Bricker Graydon LLP
- 10 years 8 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 , Bricker Graydon LLP
- 10 years 9 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):
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- Summarized by J. Debbeler , Bricker Graydon LLP
- 10 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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