Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 10 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 ...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 1 month 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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 2 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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 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.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 4 days 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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 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)
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 5 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.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 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.
