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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 9 years 7 months ago
- Citation:
- 2016 WL 4147641 (6th Cir. BAPp 2016)
- Ruling:
- Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...
- Judge(s):
- Delk, Humphrey, Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 9 years 9 months ago
- Citation:
- Case No. 15-8026 (6th Cir. BAP 2016)
- Ruling:
- There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
- Judge(s):
- Delk, Humphrey, Opperman
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 9 years 11 months ago
- Citation:
- Case No. 15-8011 (6th Cir. BAP 2016)
- Ruling:
- Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements...
- Judge(s):
- Harrison, Humphrey and Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 10 years 7 months ago
- Citation:
- Case No. 14-2347 (6th Cir. 2015)
- Ruling:
- Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
- Judge(s):
- Boggs, Batchelder and Huck (District Judge)
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 10 years 8 months ago
- Citation:
- Case No. 14-3837 (6th Cir. 2015)
- Ruling:
- Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would...
- Judge(s):
- Moore, Cook and Cohn (District Judge)
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 10 years 10 months ago
- Citation:
- Case No. 14-3836 (6th Cir. 2015)
- Ruling:
- Private attorney retained by State to collect obligations owed to State is not "officer or employee" of State for purposes of exception from Fair Debt Collection Practices Act. Attorney violated...
- Judge(s):
- Clay and Gilman (majority) and Sutton (dissenting with opinion)
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 10 years 11 months ago
- Citation:
- Case No. 13-5404 (6th Cir. March 19, 2015)
- Ruling:
- District Court not required to take additional evidence when reviewing bankruptcy court proposed findings of fact and conclusions of law.
- Judge(s):
- Kethledge, Stranch and Gwin
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 1 month ago
- Citation:
- 2015 WL 249495 (6th Cir. BAP 2015)
- Ruling:
- Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
- Judge(s):
- Harrison, Humphrey and Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 2 months ago
- Citation:
- Case no. 14-1060 (6th Cir. 2014)
- Ruling:
- Trustee's action to recover funds misappropriated by debtor's principals not barred by in pari delecto.
- Judge(s):
- Daughtrey, McKeague and White
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 3 months ago
- Citation:
- Case No. 14-8004 (6th Cir. BAP 2014)
- Ruling:
- Bankruptcy Court did not abuse discretion in denying creditor's Motion for Extenstion of Time to file Complaint to object to Discharge under Section 523.
- Judge(s):
- Harrison, Humphrey & LLoyd
- Tag(s):
-
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