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Summaries by Thomas DeCarlo
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 4 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):
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- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 5 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 , John Steinberger & Associates, PC
- 11 years 5 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):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 6 months ago
- Citation:
- Case No. 13-6304 (6th Cir. 2014)
- Ruling:
- Creditor not entitled to reform mortgage to encompass adjacent lot where action to reform mortgage was brought outside 10 year statute of limittions. Creditor not entitled to use equitable...
- Judge(s):
- Norris, Clay and Keithledge
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 6 months ago
- Citation:
- Case No. 13-8049 (6th Cir. BAP 2014)
- Ruling:
- Student loans were not dischargeable where debtor proved that current income was not sufficient to pay loans and maintain minimal standard of living, but debtor did not present any evidence that...
- Judge(s):
- Humphrey, Lloyd and Preston
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 7 months ago
- Citation:
- Case No. 13-4404
- Ruling:
- Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
- Judge(s):
- Ketih, Clay and McKeague
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 10 months ago
- Citation:
- Case Number 13-6188 (6th Cir. 2014)
- Ruling:
- Bankruptcy Court has jurisdiction to enter money judgment in adversary proceeding to except debt from discharge.
- Judge(s):
- Daughtrey, McKeague and Donald
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 11 years 12 months ago
- Citation:
- Case No. 13-8036 (6th Cir BAP 2013)
- Ruling:
- Alleged creditor who could not prove entitlement to enforce note could not enforce security agreement given to secure obligation under note.
- Judge(s):
- Emmerson, Lloyd & Opperman
- Tag(s):
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- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 12 years 2 months ago
- Citation:
- Case No. 13-1476 (6th Cir. 2014)
- Ruling:
- In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city...
- Judge(s):
- Daughtrey, Cole and White
- Tag(s):
-
- Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
- 12 years 3 months ago
- Citation:
- Case No. 12-4487 (6th Cir. 2013)
- Ruling:
- Creditor's claim is not discharged where notice was mailed to attorney who stopped representing creditor more than 8 years earlier.
- Judge(s):
- Sutton, Keithledge and Dow (sitting by designation)
- Tag(s):
-
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