Sixth Circuit Splits with the Second over the Wagoner Rule on Standing
Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.
Court:
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.
Award of Attorneys’ Fees to the Government Is a Dischargeable Debt
Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds
Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.
Court:
Continuing to Farm Is Not Prerequisite for Relief in Chapter 12
Judge prescribes loose standards for eligibility as a family farmer.
Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’
The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.
Court:
Chapter 7 Debtors Might Benefit from Jevic by Analogy
Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
Court:
Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7
Detroit judge makes auto lease assumption valid without parallel reaffirmation.