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Home
March 20, 2025
Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions
Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).
6th Circuit
,
Ohio
,
Ohio Southern District
December 06, 2021
Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
6th Circuit
,
Ohio
,
Ohio Southern District
March 06, 2019
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
6th Circuit
March 15, 2018
Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds
Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.
6th Circuit
July 06, 2017
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Unperfected mortgage can be perfected after discharge, BAP implies.
6th Circuit
January 23, 2017
Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity
Involuntary debtor wins on one equitable principle, only to lose on another.
6th Circuit
May 20, 2016
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.
6th Circuit