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Sixth Circuit Recognizes Cause of Action for Aiding and Abetting Tortious Conduct under Michigan Law

The United States District Court for the Eastern District of Michigan granted Wolfson Bolton's client's motions to dismiss two bankruptcy appeals. Following relief from the automatic stay in bankruptcy court, Debtor filed appeals to the District Court but never obtained a stay of proceedings. The Bank foreclosed on Debtor's real properties and requested dismissal of the appeals on the grounds of mootness. The District Court agreed, dismissing Debtor's two appeals because the Debtor's failure to obtain a stay of proceeding and the Bank's foreclosures eliminated the possibility of the District Court granting effective relief to Debtor on appeal. The case is In re: Asmar, Inc.Read a Copy of the Opinion Here The court affirmed the district court's grant of summary judgment for Huntington Bank on the aiding and abetting a conversion claim, finding that Huntington had, at best, a strong suspicion of wrongdoing by its borrower, but no actual knowledge of its borrower's fraud.

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