Rochellel's Daily Wire

June 13, 2025

When an Objection Is Required for an Exemption Covering ‘100% of FMV’

Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.

6th Circuit, Ohio, Ohio Southern District

March 20, 2025

Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

6th Circuit, Ohio, Ohio Southern District

December 31, 2024

A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

6th Circuit, Ohio, Ohio Southern District

July 15, 2024

Circuit Split May Deepen on Assuming a Franchise over the Franchisor’s Objection

Ohio’s Bankruptcy Judge Nami Khorrami sides with the minority on a circuit split that the Supreme Court ducked in 2009.

6th Circuit, Ohio, Ohio Southern District

April 11, 2024

The ‘Ordinary Course’ Defense Is Satisfied by Showing One of the Two Tests, Not Both

Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.

6th Circuit, Ohio, Ohio Southern District

January 23, 2024

Courts Are Split on Including a Nonfiling Spouse’s Social Security Benefits

Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.

6th Circuit, Ohio, Ohio Southern District

October 25, 2023

Bankruptcy Judge Refuses to Enforce an Arbitration Agreement

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

6th Circuit, Ohio, Ohio Southern District

December 06, 2021

Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay

Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.

6th Circuit, Ohio, Ohio Southern District

July 21, 2021

Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022

Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.

6th Circuit, Ohio, Ohio Southern District

September 01, 2020

An Undersecured Lender Can Indirectly Waive the Right to an 1111(b) Election

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

6th Circuit, Ohio, Ohio Southern District