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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 5 years 11 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 , Chapter 13 Trustee Office
- 5 years 12 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 , Chapter 13 Trustee Office
- 6 years 1 month 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 , Chapter 13 Trustee Office
- 6 years 3 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 , Chapter 13 Trustee Office
- 6 years 4 months 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 , Chapter 13 Trustee Office
- 6 years 5 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 , Chapter 13 Trustee Office
- 6 years 6 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):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 6 years 7 months ago
- Citation:
- Case No. 13-6574 (6th Cir 2014)
- Ruling:
- When original lender enters into agreement with borrower to waive right to collect interest on debt, later debt buyer is bound by that agreement and cannot charge either statutory or contract...
- Judge(s):
- Stranch, Keith and Batchelder (dissenting)
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 6 years 8 months ago
- Citation:
- Case No. 13-1010 (6th Cir. 2014)
- Ruling:
- FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired,...
- Judge(s):
- McKeague, Griffin and Polster
- Tag(s):
-
- Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
- 6 years 9 months ago
- Citation:
- Case No. 13-4195 (6th Cir. 2014)
- Ruling:
- Cause of action belonging to debtor's wholly owned corporation is not asset of estate where cause of action did not accrue until after commencement of the debtor's bankruptcy case.
- Judge(s):
- Merrit, Cook and Donald (dissenting)
- Tag(s):
-
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