Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
Judge Name - Do not use it.
Guy R. Humphrey
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Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7
Detroit judge makes auto lease assumption valid without parallel reaffirmation.
Judge Name - Do not use it.
Matthew F. Leitman
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
Judge Name - Do not use it.
Tracey N. Wise
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.
Judge Name - Do not use it.
Phillip J. Shefferly
Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)
Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.
Judge Name - Do not use it.
Nicholas W. Whittenburg
Mortgages Command Priority over Legal Fees in a Chapter 13 Plan
Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.
Judge Name - Do not use it.
Thomas L. Ludington
Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy
Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.
Judge Name - Do not use it.
Janet T. Neff
Once Property Is Abandoned, Proceeds Belong to Debtor
Judge bends over backward so debtor can keep an $80,000 windfall.
Judge Name - Do not use it.
C. Kathryn Preston
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
Judge Name - Do not use it.
Thomas J. Tucker
Sixth Circuit Nixes the Notion of Artificial Impairment for Plan Confirmation
Sixth and Fifth Circuits arguably disagree on what constitutes artificial impairment to confirm a chapter 11 plan.
Judge Name - Do not use it.
Raymond M. Kethledge