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February 09, 2021
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.’
6th Circuit
January 30, 2020
Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing
Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.
6th Circuit
,
Kentucky
,
Kentucky Eastern District
June 08, 2018
Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion
A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.
6th Circuit
March 06, 2018
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
6th Circuit
,
Kentucky
,
Kentucky Eastern District
July 06, 2017
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Unperfected mortgage can be perfected after discharge, BAP implies.
6th Circuit
June 22, 2017
Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.
6th Circuit
May 02, 2016
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
6th Circuit