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

April 04, 2017

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit, Michigan, Michigan Western District

February 13, 2017

Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake

If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.

6th Circuit, Michigan, Michigan Eastern District

January 31, 2017

Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership

Strict adherence to Michigan law required for ownership of an automobile.

6th Circuit, Michigan, Michigan Eastern District

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

September 15, 2016

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

July 28, 2016

Award of Attorneys’ Fees to the Government Is a Dischargeable Debt

Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.

6th Circuit, Michigan, Michigan Eastern District

June 06, 2016

Chapter 7 Debtors Might Benefit from Jevic by Analogy

Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.

6th Circuit, Michigan, Michigan Eastern District