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Summaries by Thomas DeCarlo

In re Donnadio

Citation:
19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...
Judge(s):
Wise, Buchanan and Harrison
Tag(s):

Limor v. Anderson (In re Scarbrough)

Citation:
18-8028, 2019 WL 1418698 (6th Circuit, Mar 28,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.
Judge(s):
Buchanan, Dales and Opperman
Tag(s):

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe (In re Greektown Holdings)

Citation:
18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.
Judge(s):
Clay and Griffin. Zouhary dissented.
Tag(s):

IN RE BLASINGAME

Citation:
17-8029, 2018 WL 2711204 (6th Circuit, Jun 06,2018) Published
Case Status:
Affirmed
Ruling:
Creditor cannot assert derivative standing to bring adversary proceeding where Trustee does not have standing in first instance.
Judge(s):
Humphrey, Opperman and Wise
Tag(s):

Jodway v. Fifth Third Bank (In re Jodway)

Citation:
2018 WL 300438 (6th Circuit, Jan 05,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court correctly dismissed Chapter 13 based on material defaults under confirmed plan where Debtor stopped making plan payments and refused to surrender property notwithstanding plan that...
Judge(s):
Moore, Thapar and Larsen
Tag(s):

NATIONAL CREDIT UNION ADMINISTRATION BOARD v JURCEVIC

Citation:
14-4297/15-3324/17-3162 (6th Circuit, Aug 11,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
District Court correctly enjoined defendants, accused of fraudulently obtaining loans from Credit Union, from disposing of assets other than as necessary for living expenses. District Court erred...
Judge(s):
Sutton, McKeague, Thapar
Tag(s):

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