Summarized by Laura Bartell , Wayne State University Law School
11 years 8 months ago
Citation:
No. 12-4193 (6th Cir. Aug. 13, 2014)
Ruling:
Affirmed decision of District Court for the N.D. Ohio granting summary judgment to defendants on claims of breach of contract, tortious interference with contract and unjust enrichment.
Judge(s):
Batchelder, Griffin and Bell (District Judge for W.D. Mich. sitting my designation)
Summarized by Laura Bartell , Wayne State University Law School
12 years 2 months ago
Citation:
No. 13-5469 (6th Cir. Jan. 30, 2014)
Ruling:
Affirming decision of district court for the E.D. Tenn., court of appeals held that Tennessee prohibition of direct actions against insurer before insured is held liable bars creditor from suing...
Judge(s):
Batchelder and Griffin, circuit judges, and Bell, district court judge sitting by designation.
Summarized by Laura Bartell , Wayne State University Law School
12 years 7 months ago
Citation:
No. 12-6424 (6th Cir. Sept. 6, 2013)
Ruling:
Affirming decision of district court finding indemnification obligations for payments on performance bond insurance were non-dischargeable under 11 U.S.C. 523(a)(4). Court held that creditor...
Judge(s):
Cole and Donald, Circuit Judges, and Marbley, District Judge
Summarized by Laura Bartell , Wayne State University Law School
12 years 11 months ago
Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
Summarized by Laura Bartell , Wayne State University Law School
13 years 1 month ago
Citation:
No. 12-8030 (6th Cir. BAP March 14, 2013)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering...
Summarized by Laura Bartell , Wayne State University Law School
13 years 2 months ago
Citation:
No. 11-2467 (6th Cir. Feb. 14, 2013)
Ruling:
Sixth Circuit reversed dismissal of claim under Fair Debt Collection Practices Act by homeowners against law firm representing lender in connection with foreclosure of mortgage, holding that law...
Judge(s):
Moore and Cole, Circuit Judges, and Rose, district judge sitting by designation
Reversing grant of summary judgment to plaintiffs on their claim that debtor's debt to them was nondischargeable under Section 523(a)(4) based on the issue preclusive effect of a prior state...
Summarized by Laura Bartell , Wayne State University Law School
13 years 11 months ago
Citation:
2012 Fed App 0006P (6th Cir. BAP Apr. 23, 2012)
Ruling:
Affirmed grant of summary judgment by bankruptcy court to chapter 7 trustee avoiding lien on manufactured home under Section 544 because lien was not perfected under Kentucky law. Creditor had...
Summarized by Laura Bartell , Wayne State University Law School
14 years 1 week ago
Citation:
2012 Fed. App. 0004P (6th Cir. BAP Apr. 18, 2012)
Ruling:
Appellant had standing to bring motion to dismiss for abuse; bankruptcy court did not abuse its discretion in dismissing debtor's case under section 1112(b); bankruptcy court did not abuse its...
Summarized by Laura Bartell , Wayne State University Law School
14 years 1 month ago
Citation:
2012 Fed. App. 0003P (6th Cir. BAP March 15, 2012)
Ruling:
Bankruptcy court abused its discretion in dismissing complaint to determine dischargeability of debt "with prejudice" when motion to dismiss sought dismissal "without prejudice".
