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DAVID ERMOLD and DAVID MOORE,
Plaintiffs-Appellants,
v.
KIM DAVIS, Individually and in her Official Capacity as Rowan County Clerk,
Defendant-Appellee.
   No. 16-6412
Appeal from the United States District Court
for the Eastern District of Kentucky at Ashland.
No. 0:15-cv-00046—David L. Bunning, District Judge.
Argued: March 8, 2017
Decided and Filed: May 2, 2017
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.


_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Plaintiffs-Appellants David Ermold and David Moore sought a marriage license from Rowan County, Kentucky, Clerk Kim Davis. Upon being denied the license, Ermold and Moore filed this damages-only 42 U.S.C. § 1983 action against Davis in both her individual and official capacities. The district court sua sponte dismissed Ermold’s and Moore’s case after we ordered the district court to vacate a preliminary injunction order in an entirely separate action. See Miller v. Davis, 667 F. App’x 537, 538 (6th Cir. 2016) (mem.). For the reasons stated below, we REVERSE the district court’s judgment dismissing this case and REMAND for proceedings consistent with this opinion.



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IN RE: TOWN CENTER FLATS, LLC,
Debtor.
___________________________________________

TOWN CENTER FLATS, LLC,
Appellant,
v.
ECP COMMERCIAL II LLC,
Appellee.
   No. 16-1812
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:15-cv-11881—Bernard A. Friedman, District Judge.
United States Bankruptcy Court for the
Eastern District of Michigan at Detroit.
No. 15-41307—Walter Shapero, Judge.
Argued: March 8, 2017
Decided and Filed: May 2, 2017
Before: CLAY, GIBBONS, and STRANCH, Circuit Judges.


_________________________
OPINION
_________________________

JANE B. STRANCH, Circuit Judge. This bankruptcy case centers on property rights in an assigned stream of rents. The extent of a debtor’s rights in those rents under Michigan law determines whether the rents are properly included in a Chapter 11 bankruptcy estate. The bankruptcy court decided that an assignment of rents creates a security interest, but does not change ownership, and held that an assignor continues to have a property interest in the rents. Accordingly, the bankruptcy court included the rents in the bankruptcy estate. The district court vacated the order of the bankruptcy court, finding that an assignment of rents is a transfer of ownership under Michigan law and thus the rents should not be included in the bankruptcy estate. Agreeing with the district court’s reasoning, we hold that the debtor, Town Center Flats, LLC, did not retain sufficient rights in the assigned rents under Michigan law for those rents to be included in the bankruptcy estate. We therefore reverse the order of the bankruptcy court.