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Summaries by J. Debbeler

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):

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation:
15a0361n.06
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):

Bay Corrugated Container, Inc. v. Gould

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):

JP Morgan Chase Bank v. Winget

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File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)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):

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

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):

Lawrence v. Commonwealth of Kentucky Transportation Cabinet (In re Shelbyville Rd Shoppes, LLC)

Citation:
15a0002p.06
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):

Wojcik v. Gold (In re Daher)

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):

Haddad v. Randall S. Miller Associates, PC

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):

USA v. Elasass

Citation:
14a0236p.06
Ruling:
The Sixth Circuit Court of Appeals affirmed the decision of the U.S. District Court which granted summary judgment to the plaintiff U.S.A. on its claims that the defendants Elsass and FRG engaged...
Judge(s):
Circuit Court Judges Boggs, Clay and Gillman
Tag(s):

Thomas, III v. Helbling

Citation:
2014 FED App. 0003P(6th Cir.)
Ruling:
Bankruptcy Appellate Panel of the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Northern District of Ohio which held that real property transferred in error by the Debtor to...
Judge(s):
BAP- Harriosn, Emerson & LLoyd Bankruptcy Court: Jessica Price Smith
Tag(s):

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