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

December 30, 2016

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

6th Circuit, Kentucky, Kentucky Western District

December 02, 2016

BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction

Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.

6th Circuit

November 15, 2016

Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9

Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.

6th Circuit

October 12, 2016

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

6th Circuit, Michigan, Michigan Eastern District

October 11, 2016

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

6th Circuit, Ohio, Ohio Northern District

October 05, 2016

Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9

Dissenter implores appeals court to sit en banc and reject equitable mootness.

6th Circuit

September 15, 2016

Split Grows on Dischargeability of Tax Liability on Late-Filed Returns

Nashville judge holds that late-filed tax debt can sometimes be discharged.

6th Circuit, Tennessee, Tennessee Middle District

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

6th Circuit, Michigan, Michigan Eastern District

August 25, 2016

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit