Circuit Judge Questions Applicability of Veil Piercing and Alter Ego to Trusts
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
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Sixth Circuit Gives Primacy to the Bankruptcy Court in Rejecting Power Contracts
Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.
Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
Another Judge Clamps Down on Third-Party Releases in a Major Reorganization
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
Judge Name - Do not use it.
Bankruptcy Judge Alan M. Koschik, Bankruptcy Judge Michael E. Wiles
Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Judge Name - Do not use it.
Mark A. Goldsmith
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Judge Name - Do not use it.
George Caram Steeh
FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
Judge Name - Do not use it.
Patricia A. Gaughan
Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Judge Name - Do not use it.
Eric E. Murphy
A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
Judge Name - Do not use it.
Joan A. Lloyd