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ABI Journal

Rochellel's Daily Wire

January 18, 2022

Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?

6th Circuit, Kentucky, Kentucky Western District

October 13, 2021

Bifurcated Fee Arrangements Barred in Western District of Kentucky

Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.

6th Circuit, Kentucky, Kentucky Western District

January 30, 2020

Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.

6th Circuit, Kentucky, Kentucky Eastern District

May 03, 2019

A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

6th Circuit, Kentucky, Kentucky Western District

March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

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

June 22, 2016

Continuing to Farm Is Not Prerequisite for Relief in Chapter 12

Judge prescribes loose standards for eligibility as a family farmer.

6th Circuit, Kentucky, Kentucky Western District