6th Circuit | ABI Volo - Circuit Court opinion summaries

6th Circuit: Lyda v. City of Detroit, Mich. (In re City of Detroit, Mich.)

L.BARTELL@WAYNE.EDU — Mon, 14 Nov 2016 21:57:43 +0000

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Citation:

No. 15-2236 (6th Cir. Nov. 14, 2016)

Ruling:

Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of the Bankruptcy Code.

Judge(s):

Sutton, Griffin & Donald, Circuit Judges

6th Circuit: Montedonico v. Blasingame (In re Blasingame)

TOM.DECARLO@DET13.COM — Mon, 07 Nov 2016 22:10:46 +0000

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Citation:

2016 WL 6575045 (6th Cir. BAP 2016)

Ruling:

Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding that attorney unreasonably or vexatiously multiplied proceeding.

Judge(s):

Harrison, Humphrey, Preston

6th Circuit: Church Joint Venture, L.P. v. Blasingame

DLANGDON@DLGFIRM.COM — Mon, 07 Nov 2016 22:16:04 +0000

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Citation:

Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06

Ruling:

The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items designated by the debtors as part of the record on ...

Judge(s):

Harrison, Humphrey and Preston; opinion by Preston.

6th Circuit: Holley v. Corcoran (In re Holley)

MDEBBELER — Tue, 25 Oct 2016 20:21:30 +0000

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Citation:

File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)

Ruling:

Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as tenants by the entireties which had been claimed as exempt ...

Judge(s):

Circuit judges Daughtery, Gibbons,and Cook

6th Circuit: Grant v. Granader (In re Granader)

TOM.DECARLO@DET13.COM — Thu, 13 Oct 2016 21:09:33 +0000

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Citation:

2016 WL 5936797 (6th Cir. 2016)

Ruling:

Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.

Judge(s):

Boggs, Suhreinrich, McKeague

6th Circuit: MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

MDEBBELER — Tue, 04 Oct 2016 19:51:07 +0000

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Citation:

File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)

Ruling:

The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the mortgagor did not obtain a stay of the ...

Judge(s):

Daughtrey, Moore and Stranch, Circuit Judges

6th Circuit: In re: Kidd Ramey

L.BARTELL@WAYNE.EDU — Fri, 30 Sep 2016 21:26:23 +0000

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Citation:

No. 16-8015 (6th Cir. BAP Sept. 30, 2016)

Ruling:

Affirming dismissal of debtor's chapter 7 bankruptcy case for failure to fulfill prepetition credit counseling requirement of Section 109(h) and denial of motion to vacate dismissal order.

Judge(s):

Harrison, Humphrey and Preston

6th Circuit: Bash v. Textron Financial Corp., (In re Fair Finance Co.)

TOM.DECARLO@DET13.COM — Thu, 25 Aug 2016 21:34:40 +0000

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Citation:

2016 WL 4437606 (6th Cir. 2016)

Ruling:

District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.

Judge(s):

Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)

6th Circuit: Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

MDEBBELER — Mon, 15 Aug 2016 21:27:07 +0000

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Citation:

File Name:16a0470n.06; No. 15-3563

Ruling:

The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's claim against the defendants under RICO were barred by ...

Judge(s):

Boggs, Rodgers and Berg- District Judge sitting by designation

6th Circuit: In re Jackson

TOM.DECARLO@DET13.COM — Thu, 04 Aug 2016 20:44:39 +0000

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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 foreclosing creditor

Judge(s):

Delk, Humphrey, Opperman

6th Circuit: Grossman v. Wehrle (In re Royal Manor Management, Inc.)

DLANGDON@DLGFIRM.COM — Wed, 15 Jun 2016 21:17:01 +0000

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Citation:

File Name 16a0324n.06; Docket No. 15-3146

Ruling:

In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015), imposing sanctions of $207,400 against Dennis Grossman, counsel ...

Judge(s):

Norris, McKeague and White; opinion by White

6th Circuit: Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

MDEBBELER — Thu, 02 Jun 2016 20:58:22 +0000

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Citation:

File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016

Ruling:

The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is discouraged in the Sixth Circuit. The better practice ...

Judge(s):

Harrison, Opperman, Wise

6th Circuit: In re Tench

TOM.DECARLO@DET13.COM — Wed, 11 May 2016 21:51:27 +0000

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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 ...

Judge(s):

Delk, Humphrey, Opperman

6th Circuit: In re Bratt

jeb bailey — Tue, 26 Apr 2016 20:59:36 +0000

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Citation:

16b0002p.06 Nos. 15-8009/8010

Ruling:

Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...

Judge(s):

Delk, Opperman and Wise

6th Circuit: In re Four Wells Limited

L.BARTELL@WAYNE.EDU — Fri, 15 Apr 2016 20:53:17 +0000

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Citation:

Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)

Ruling:

Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its discretion in enjoining debtors from filing another bankruptcy ...

Judge(s):

Harrison, Preston & Wise, Bankruptcy Appellate Panel judges