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...
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,...
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.
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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 7 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...
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.
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...
