Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate
Michigan law enables a lender to short circuit an attempted reorganization.
Court:
Jevic Applied to Ordinary Settlements in the Midst of a Chapter 11 Case
Tennessee judge says Jevic tightened rules for approval of settlements.
Fee Application After Completion of Plan Payments Comes Too Late
Fees awarded after discharge are wiped out like everything else.
Sixth Circuit Widens Split on Mooting Appeals from Sale Orders
Equity is required to claim a homestead exemption, Sixth Circuit holds.
Court:
False Claims Suits by Governments Are Not Halted by Bankruptcy
Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.
Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify
Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.
Court:
Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims
Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?
Court:
Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake
If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.
Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud
Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.
Court:
Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds
Although not required to file claims, secured creditors must comply with the deadline if they do.