Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
10 years 2 months ago
Citation:
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling:
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries,...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
11 years 6 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
12 years 6 months ago
Citation:
In re Kem Lott Ralph [No. 13-8005] (6th Cir. B.A.P. Aug. 27, 2013)
Ruling:
The B.A.P. held that the bankruptcy court did not err in determining that the debtor-appellant's motion fell outside the exception to the "one year rule" contained in Rule 9024 of the Federal Rules...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
13 years 10 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 8 months ago
Citation:
2011 WL 2646549 (6th Cir. BAP, July 7, 2011)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's findings of fact and conclusions of law holding that the trustee had not met her burden of proof with respect to...
Judge(s):
Fulton, Harris and Rhodes, Bankruptcy Appellate Panel Judges
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 9 months ago
Citation:
Frank v. Dana Corp., 2011 WL 2020717 (6th Cir. May 25, 2011)
Ruling:
Plaintiffs adequately plead scienter as to the defendants with respect to their claims under section 10(b) of the Securities Exchange Act of 1934 and, thus, the district court erred in dismissing...
In reviewing two separate orders by the district court, the Sixth Circuit Court of Appeals held that, because the district court was more familiar with the Amended Joint Plan of Reorganization...
