6th Circuit | ABI Volo - Circuit Court opinion summaries

6th Circuit: Wallingford v. Green Tree Servicing, LLC (In re Wallingford)

tdecarlo — Fri, 26 Apr 2013 17:00:54 +0000

Citation:

Case No. 12-4174

Ruling:

Debtor can modifiy lien on mobile home used as debtor's residence where mobile home has not been converted to real property under state law.

Judge(s):

MERRITT, SUHRHEINRICH, DONALD

6th Circuit: In re Appalachian Fuels, LLC

swhitacre — Fri, 19 Apr 2013 16:20:49 +0000

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Citation:

In re: Appalachian Fuels, LLC, et al., B.A.P. Case No. 12-8026 (6th Cir. B.A.P. Apr. 19, 2013)

Ruling:

The BAP affirmed that the Bankruptcy Court did not abuse its discretion by denying administrative expense claims where there was insufficient evidence to pierce the corporate veil and impose liability on the affiliated entity. It remanded for a determination if ...

Judge(s):

Harris, Humphrey, and Preston, Bankruptcy Appellate Panel Judges (Opinion by Arthur I. Harris)

6th Circuit: Conlin v. Mortgage Electronic Registration Systems, Inc.

dlangdon — Wed, 10 Apr 2013 18:57:57 +0000

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Citation:

File Name: 13a0102p.06; Docket No. 12-2021

Ruling:

The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from MERS to U.S. Bank. Applying Michigan law, the Court of ...

Judge(s):

Merrit, Martin and Clay; opinion by Clay

6th Circuit: El Camino Resources Ltd. v. Huntington National Bank

nmiller — Tue, 09 Apr 2013 16:58:06 +0000

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Citation:

Case No.12-1254

Ruling:

The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge to sustain claims against the bank for aiding abetting fraud, ...

Judge(s):

Siler, Sutton and McKeague

6th Circuit: In re Creekside Senior Apartments, L.P.

bmeldrum — Mon, 25 Mar 2013 16:59:00 +0000

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Citation:

No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)

Ruling:

Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...

Judge(s):

Harris, Humphrey, Preston

6th Circuit: Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

gguest — Mon, 11 Mar 2013 17:58:14 +0000

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Citation:

Case No. 11-2632 (6th Cir. March 8, 2013)

Ruling:

The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under the Agreement are distinct from the net present value ...

Judge(s):

Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.

6th Circuit: In re Dyer

lbartell — Thu, 14 Mar 2013 17:13:47 +0000

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Citation:

No. 12-8030 (6th Cir. BAP March 14, 2013)

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering disgorgement of attorneys' fees, and remanded for further proceedings.

Judge(s):

Emerson, Harris and Lloyd

6th Circuit: Vassalle v. Midland Funding LLC

jmorgan — Tue, 12 Mar 2013 20:10:01 +0000

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Citation:

Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)

Ruling:

The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The Sixth Circuit found that the settlement was not fair ...

Judge(s):

Circuit Judges Moore and Cole; District Judge Rose, sitting by designation

6th Circuit: Bandy v. Fifth Third Bank

tdecarlo — Wed, 13 Mar 2013 16:52:38 +0000

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Citation:

Case Number 11-4184

Ruling:

Complaint fails to state cause of action for conversion where no single count contained a sufficent statement of facts that, if accepted as true, would state a claim for conversion.

Judge(s):

Martin, Norris and Siler

6th Circuit: Alfes v. Educational Credit Management Corp. (In re Alfes)

tbrink — Tue, 12 Mar 2013 16:38:55 +0000

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Citation:

Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)

Ruling:

The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan debt, and that the guarantor’s amended declaratory judgment complaint ...

Judge(s):

Boggs and White, Circuit Judges; Black, District Judge

6th Circuit: Mellentine v. Ameriquest Mortgage Co.

lbartell — Fri, 15 Feb 2013 18:36:56 +0000

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Citation:

No. 11-2467 (6th Cir. Feb. 14, 2013)

Ruling:

Sixth Circuit reversed dismissal of claim under Fair Debt Collection Practices Act by homeowners against law firm representing lender in connection with foreclosure of mortgage, holding that law firm was "debt collector" under FDCPA. Sixth Circuit also reversed judgment ...

Judge(s):

Moore and Cole, Circuit Judges, and Rose, district judge sitting by designation

6th Circuit: U.S. v. Kurlemann

tbrink — Wed, 13 Feb 2013 16:40:07 +0000

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Citation:

U.S. v. Kurlemann, Case Nos. 11-3394/3544/3397 (6th Cir. Feb. 13, 2013)

Ruling:

The Sixth Circuit affirmed defendant's bankruptcy fraud convictions, and reversed his false statements conviction and remanded the false statements charges for retrial. The Sixth Circuit did not decide the Government's cross-appeal as to forfeiture in light of its remand.

Judge(s):

Guy, Sutton, and Cook

6th Circuit: State Bank of Florence v. Miller (In re Miller)

dlangdon — Tue, 05 Feb 2013 17:45:19 +0000

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Citation:

File name: 13a0134n.06; Case No. 11-2357

Ruling:

Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the debtor's Chapter 13 plan. By credit bidding the total amount of ...

Judge(s):

Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch

6th Circuit: In re Breece

fdelawalla — Fri, 18 Jan 2013 17:28:20 +0000

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Citation:

No. 12-8018, 2013 Bankr. LEXIS 203 (B.A.P. 6th Cir. Jan. 18, 2013)

Ruling:

The decision of the bankruptcy court was affirmed. The debtor cannot claim a homestead exemption pursuant to Ohio state law in a home that is owned by an LLC of which the debtor holds the sole membership interest. ...

Judge(s):

Fulton, McIvor, and Preston

6th Circuit: Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

jbailey — Tue, 15 Jan 2013 17:40:57 +0000

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Citation:

13a0063n.06

Ruling:

Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28 U.S.C. § 1334(d). Appeal of order granting relief from automatic ...

Judge(s):

Guy, Sutton and Cook