March 07, 2019

Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

6th Circuit

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 01, 2019

Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

6th Circuit

February 26, 2019

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

6th Circuit

January 18, 2019

Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision

If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.

6th Circuit

January 08, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit

January 04, 2019

Wildcard Exemption Covered a Prepetition Malpractice Claim

Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.

6th Circuit, Michigan, Michigan Western District

November 30, 2018

Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment

A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.

6th Circuit

November 01, 2018

Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says

Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.

6th Circuit

October 22, 2018

Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

6th Circuit, Ohio, Ohio Southern District