Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business
Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.
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BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit
The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’
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Judge Kendig Implies that Failure to Run a Lien Search is Tantamount to Malpractice
The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.
‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
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Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps
The appeals court sticks to basics and rejects several clever arguments to beat a preference.
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Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
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Guarantee of a Lease Survives Rejection if the Tenant Remains in Possession
District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.
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A Payment to a Death Beneficiary Under an IRA Is Not Estate Property
Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.
Sixth Circuit Creates a Split: The 14-Day Deadline for an Appeal Is Not Jurisdictional
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
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