October 12, 2017

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

6th Circuit, Tennessee, Tennessee Middle District

July 17, 2017

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

6th Circuit

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

Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies

Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.

6th Circuit

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

6th Circuit

June 21, 2017

Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment

Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

6th Circuit, Michigan, Michigan Eastern District

June 12, 2017

Narrow Ipso Facto Clauses Can Be Unenforceable

Code provisions voiding ipso facto clauses are interpreted broadly.

6th Circuit, Michigan, Michigan Eastern District

June 09, 2017

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

District judge refuses to give automatic stay protection to a tax evader.

6th Circuit, Michigan, Michigan Eastern District

May 08, 2017

Trustees Don’t Get a Second Bite at the Abandonment Apple

The debtor, not the trustee, can profit from a secured creditor’s mistakes.

6th Circuit, Ohio, Ohio Southern District

May 03, 2017

Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate

Michigan law enables a lender to short circuit an attempted reorganization.

6th Circuit