File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)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.
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
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...
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...
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication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...
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...
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
The Sixth Circuit BAP dismissed the appeal by a Chapter 7 Debtor of an order granting relief from the automatic stay ("Order") to a first mortgagee (whose mortgage debt was greatly in excess of the...
Judge(s):
Joan A. LLoyd (author) with other BAP Judges Emerson and Harrison
The Panel reverses the bankruptcy court’s order granting summary judgment. Although the court did not err in finding that Bingham Greenebaum adequately supported its renewed motion for summary...
Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided...
