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6th Circuit

‘Results Obtained’ Can Justify Cutting Fees by 50%, Sixth Circuit Says

In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).

6th Circuit

Sixth Circuit Defines Res Judicata Liberally

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

6th Circuit

Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy

Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.

6th Circuit
Tennessee
Tennessee Western District

Harmful Logic or Legal Conclusions Standing Alone Don’t Confer Standing to Appeal

To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.

6th Circuit

‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7

Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.

6th Circuit
Tennessee
Tennessee Middle District

Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty

A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.

6th Circuit

Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.

6th Circuit
Ohio
Ohio Northern District

Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud

Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.

6th Circuit
Tennessee
Tennessee Western District

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

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).

6th Circuit
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