Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
Court:
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.
Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)
Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.
Mortgages Command Priority over Legal Fees in a Chapter 13 Plan
Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.
Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy
Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.
Once Property Is Abandoned, Proceeds Belong to Debtor
Judge bends over backward so debtor can keep an $80,000 windfall.
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
Sixth Circuit Nixes the Notion of Artificial Impairment for Plan Confirmation
Sixth and Fifth Circuits arguably disagree on what constitutes artificial impairment to confirm a chapter 11 plan.
Court:
How the Bankruptcy Code Determines the Winner of a Bar Fight
Getting punched out in a bar fight might not result in a nondischargeable debt.
Court:
Suit in Violation of the Stay Must Be Dismissed
Sixth Circuit is stricter than the Fifth when a suit violates the stay.
Court: