Displaying Journal Articles with Topic 6th Circuit

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.

Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.

Courts are groping to define ‘personal use’ because Congress didn’t.