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Summaries by Geoffrey Peters

Pazdzierz v. First American Title Insurance Co. (In re Pazdzierz)

Citation:
2013 FED App. 0162P (6th Cir.)
Ruling:
Affirming the United States District Court for the Eastern District of Michigan, the Sixth Circuit Court of Appeals held that claims of fraud that are grounded in tangible property rights such as...
Judge(s):
Circuit Judges Boggs and White, Chief District Judge McCalla for the Western District of Tennessee, sitting by designation
Tag(s):

Smyth v. Edamerica, Inc. (In re Smyth)

Citation:
20012 FED App. 0005P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened...
Judge(s):
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
Tag(s):

Richardson v. Citimortgage, Inc. (In re Emerson)

Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
Tag(s):

Maloof v. Level Propane, Inc.

Citation:
(6th Circuit, Dec 31,1969)
Ruling:
A motion to vacate based upon a theory of fraud on the court was barred by the doctrine of finality where the court considered and rejected the theory on multiple prior occasions. In order to...
Tag(s):

Brown v. Owens Corning Investment Review Committee

Citation:
6th Circuit Court of Appeals, Case No. 09-3692 (September 27, 2010)
Ruling:
The 6th Circuit Court of Appeals affirmed a judgment of the district court in holding that a lawsuit filed by former employees of Owens Corning against the fiduciaries of their retirement plan was...
Judge(s):
Gilman (Cole joined), (White, concurring)
Tag(s):

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