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6th Circuit

Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business

Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.

6th Circuit

BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit

The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’

6th Circuit

Judge Kendig Implies that Failure to Run a Lien Search is Tantamount to Malpractice

The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.

6th Circuit
Ohio
Ohio Northern District

‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

6th Circuit

Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps

The appeals court sticks to basics and rejects several clever arguments to beat a preference.

6th Circuit

Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

6th Circuit
Ohio
Ohio Northern District

The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’

The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).

6th Circuit

Guarantee of a Lease Survives Rejection if the Tenant Remains in Possession

District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.

6th Circuit

A Payment to a Death Beneficiary Under an IRA Is Not Estate Property

Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.

6th Circuit
Michigan
Michigan Eastern District

Sixth Circuit Creates a Split: The 14-Day Deadline for an Appeal Is Not Jurisdictional

Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.

6th Circuit
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