Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
Strict adherence to Michigan law required for ownership of an automobile.
Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity
Involuntary debtor wins on one equitable principle, only to lose on another.
Court:
Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor
Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.
BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.
Court:
Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.
Court:
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Findings of fact determine whether bankruptcy court can enter a final order.
‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases
Bankruptcy court can make a final order disallowing an unfiled claim under state law.
Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9
Dissenter implores appeals court to sit en banc and reject equitable mootness.
Court:
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.