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Summaries by Thomas DeCarlo

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):

Jahn, Jr. v. Burke (In re Burke)

Citation:
16-6603, 2017 WL 2990162 (6th Circuit, Jul 14,2017) Published
Case Status:
Affirmed
Ruling:
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
Judge(s):
Moore, Gilman and Cook
Tag(s):

In re Pace

Citation:
16-8036 (6th Circuit, Jun 20,2017) Published
Case Status:
Reversed
Ruling:
Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
Judge(s):
Delk, Preston and Wise
Tag(s):

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC)

Citation:
Case No. 16-1812, 2017 WL 1573827 (6th Circuit, May 02,2017) Published
Case Status:
Reversed
Ruling:
Assignment of Rents conveys ownership of rents to assignee upon default. Debtor has no interest in rents after default, and rents are not property of Debtor's estate in subsequent Chapter 11...
Judge(s):
Clay, Gibbons and Stranch (on brief for the Court)
Tag(s):

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