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Summaries by Michael Coury

Harger v. Jones (In re Jones)

Citation:
Harger v Jones (In re Jones), 16 Fed App.0001P(6th Cir. March 3, 2016)
Ruling:
The Sixth Circuit BAP held that the bankruptcy court erred as a matter of law in awarding attorneys' fees as sanctions under Rule 9011 on a sua sponte basis and abused its discretion in imposing...
Judge(s):
Preston, Humphrey and Harrison
Tag(s):

Matteson v. Bank Of America (In re Matteson)

Citation:
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling:
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Judge(s):
Delk, Opperman and Preston
Tag(s):

Baldridge v. Ellmann (In re Baldridge)

Citation:
Case No. 13-700, 6th Circuit, February 3, 2014
Ruling:
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors'...
Judge(s):
Rogers, McKeague and White, Circuit Judges
Tag(s):

Rizzo v. State of MI, Dept. of Treasury (In re Rizzo)

Citation:
Rizzo v State of Michigan Dept. of Treasury (In re Rizzo), Case No. 13-1230
Ruling:
Whether a state tax is a non-dischargeable "excise tax" is a matter of federal law. The Court found that the term "excise tax" in Sec. 507 was not ambiguous and that whether a tax is an "excise...
Judge(s):
Suhrheinrich, Griffin, and Kethledge
Tag(s):

Glazer v. Chase Home Finance LLC

Citation:
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling:
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts...
Judge(s):
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Tag(s):

Onkyo Europe Electronics GmbH v. Global Technovations Inc. (In re Global Technovations Inc.)

Citation:
--- F.3d ----, 2012 WL 4017386, C.A.6 (Mich.), September 13, 2012 (NO. 11-1582)
Ruling:
The Sixth Circuit upheld the bankruptcy court's judgment which found that the defendants had received a fraudlent transfer under 11 U.S.C. sec. 544(b) and Florida Uniform Fraudulent Transfer Act...
Judge(s):
Boggs, Norris and Kethledge.
Tag(s):

Zingale v. Rabin (In re Zingale)

Citation:
Zingale v Rabin, (In re Zingale), Case no. 11-3740
Ruling:
Ohio Rev. Code Ann. section 2329.66(A)(9)(g) allows a debtor to claim an exemption in "payments" made under Section 24 or 32 of the Internal Revenue Code. Section 24 establishes the child tax...
Judge(s):
Siler and White, Circuit Judges; Reeves, District judge.
Tag(s):

U.S. v. Storey

Citation:
___F3d. ___(6th Cir. 2011); Case No. 09-3848 (May 16, 2011)
Ruling:
The Sixth Circuit reversed the District Court's sua sponte summary judgment order which found the Debtor's taxes to be non-dischargeable under 11 U.S.C. Sec. 523 (a)(1)(C). The Sixth Circuit held...
Tag(s):

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