Reported Court Decisions

State and Federal Court Decisions

State


Michigan Supreme Court

Michigan National Bank v Michigan Livestock Exchange, 432 Mich 277m 439 NW 2d 884 (1989) ("Innocent bailee" provisions of Article 7 of the UCC do not apply to auctioneers selling collateral over a creditor's properly perfected security interest).


Federal


United States Sixth Circuit Court of Appeals, Federal District Court and Bankruptcy Courts


In re Moses, 792 F Supp 529 (1992) (Bankruptcy Court may constitutionally dismiss a case where a Debtor's use of the Fifth Amendment prevents administration).


Ortman v Thomas et al, 906 F Supp 416 (E.D. Mich 1995 (Rule 11 sanctions may include permanent injunction against future lawsuits).


In re Moses, 225 B.R. 360 (E.D. Mich 1998) (the doctrine of laches applied to prevent an accounting firm from collecting interest on its secured claim where the evidence demonstrated inordinate delay in pursuing its claims, resulting in prejudice to other creditors.


In re D.J. Maltese, 42 B.R. 589 (1984) (a contract for the sale of real estate is personal property within the meaning of the Uniform Commercial Code, and the proceeds thereof are subject to a lender's security interest in general intangibles).