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Summaries by James Bailey
- Summarized by James Bailey , Butler Snow LLP
- 9 years 10 months ago
- Citation:
- 16b0002p.06 Nos. 15-8009/8010
- Ruling:
- Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel...
- Judge(s):
- Delk, Opperman and Wise
- Tag(s):
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- Summarized by James Bailey , Butler Snow LLP
- 10 years 7 months ago
- Citation:
- 15 FED App. 0004P (6th Cir.) File Name: 15b0004p.06
- Ruling:
- Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court...
- Judge(s):
- Delk, Humphrey and Preston
- Tag(s):
-
- Summarized by James Bailey , Butler Snow LLP
- 11 years 2 months ago
- Ruling:
- Denial of Debtor's discharge under 11 U.S.C. §§ 727(a)(2)(A)(transfer or concealment of assets) and 727(a)(4)(false oath) was affirmed.
- Judge(s):
- Keith, Moore and Stranch
- Tag(s):
-
- Summarized by James Bailey , Butler Snow LLP
- 11 years 5 months ago
- Citation:
- 14 FED App. 0007P (6th Cir.)
- Ruling:
- Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
- Judge(s):
- Emerson, Opperman and Preston
- Tag(s):
-
- Summarized by James Bailey , Butler Snow LLP
- 12 years 4 months ago
- Ruling:
- Sixth Circuit affirmed original decision of the bankruptcy court and reinstated its award of $47,635.27 to the chapter 7 bankruptcy estate for fraudulent transfers arising out of a divorce...
- Judge(s):
- Keith, Clay and Kethledge (Keith, dissenting).
- Tag(s):
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- Summarized by James Bailey , Butler Snow LLP
- 13 years 1 month ago
- Ruling:
- Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28...
- Judge(s):
- Guy, Sutton and Cook
- Tag(s):
-
- Summarized by James Bailey , Butler Snow LLP
- 13 years 2 months ago
- Ruling:
- Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
- Judge(s):
- Merritt, Martin and Gilman
- Tag(s):
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- Summarized by James Bailey , Butler Snow LLP
- 14 years 2 months ago
- Ruling:
- Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under...
- Judge(s):
- Keith, Sutton McKeague
- Tag(s):
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- Summarized by James Bailey , Butler Snow LLP
- 14 years 4 months ago
- Citation:
- 2011 FED. App. 0012P (6th Cir.)
- Ruling:
- The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
- Judge(s):
- Harris, Rhodes and Shea-Stonum
- Tag(s):
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- Summarized by James Bailey , Butler Snow LLP
- 14 years 6 months ago
- Citation:
- 2011 FED App. 0010p (6th Cir.)
- Ruling:
- 1) As to 1st mortgage, dismissal of Trustee's complaint under Boswell, Harris and Rhodes
- Tag(s):
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