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6th Circuit

Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures

Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.

6th Circuit

Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.

6th Circuit

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

Bifurcated Fee Arrangements Barred in Western District of Kentucky

Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.

6th Circuit
Kentucky
Kentucky Western District

Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion

A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.

6th Circuit

Congress Must Decide: May Chapter 13 Debtors Contribute to 401(k) Plans?

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.

6th Circuit

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

Publication Notice Won’t Suffice for Creditors with Recorded Property Interests

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.

6th Circuit

Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing

Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.

6th Circuit

Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims

Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.

6th Circuit
Tennessee
Tennessee Western District
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