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September 25, 2020

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

September 21, 2020

The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.

September 17, 2020

Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.

September 01, 2020

Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.

August 24, 2020

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

August 21, 2020

Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’

August 06, 2020

Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.

July 27, 2020

A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.

July 23, 2020

The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.

June 03, 2020

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’