Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
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Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
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A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
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Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
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Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
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Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
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Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
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Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
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Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says
Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.
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