(6th Cir. Oct. 12, 2016)
The Sixth Circuit affirms the bankruptcy court’s order denying the creditor’s motion to reopen the case. The debtor’s ex-spouse filed the motion four years after the debtor received his discharge. The ex-spouse argued that an obligation arising out of their divorce proceedings should be declared non-dischargeable. The court holds the bankruptcy court did not abuse its discretion in denying the motion. Opinion below.
Per Curiam
Attorney for creditor: Aaron J. Scheinfield
(Bankr. W.D. Ky. Oct. 11, 2016)
The United States Court of Appeals for the Third Circuit recently reaffirmed that a foreclosure action commenced more than six years after the loan was accelerated could still be within the applicable statute of limitations. SeeIn re: Gordon Allen Washington; Gordon Allen Washington v. Bank of New York Mellon, As Tr. for the Certificate-Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-5, 2016 WL 5827439 (3d Cir. Sept. 30, 2016). In the case, the borrowed executed a mortgage and promissory note in February 2007.
(6th Cir. Oct. 3, 2016)
The Sixth Circuit affirms the district court’s dismissal of the pensioners’ challenge to the confirmation order entered in the Chapter 9 bankruptcy case filed by the City of Detroit, Michigan. The pensioners filed the action to challenge the plan’s reduction of their benefits. The Court holds that the doctrine of equitable mootness applies. The pensioners did not obtain a stay, the plan has been substantially consummated, and many actions have been undertaken or completed under the plan. Opinion below.
Judge: Batchelder
(Bankr. S.D. Ind. Oct. 6, 2016)
(Bankr. W.D. Ky. Oct. 3, 2016)
(6th Cir. B.A.P. Sep. 30, 2016)
(7th Cir. Sept. 14, 2016)
(Bankr. E.D. Ky. September 14, 2016)
(Bankr. E.D. Ky. Sept. 14, 2016)