September 04, 2019

Another Judge Clamps Down on Third-Party Releases in a Major Reorganization

Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.

6th Circuit, Ohio, Ohio Northern District

June 03, 2019

FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy

A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.

6th Circuit, Ohio, Ohio Northern District

October 22, 2018

Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

6th Circuit, Ohio, Ohio Southern District

October 11, 2018

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

6th Circuit, Ohio, Ohio Northern 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

February 09, 2017

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

6th Circuit, Ohio, Ohio Northern 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

August 18, 2016

Courts Divided on Contempt Sanctions as Automatically Nondischargeable

Showing intentional violation of court order isn’t enough for nondischargeability.

6th Circuit, Ohio, Ohio Southern District

July 15, 2016

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.

6th Circuit, Ohio, Ohio Northern District

March 31, 2016

Once Property Is Abandoned, Proceeds Belong to Debtor

Judge bends over backward so debtor can keep an $80,000 windfall.

6th Circuit, Ohio, Ohio Southern District