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6th Circuit

Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’

6th Circuit

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

6th Circuit
Michigan
Michigan Eastern District

‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says

Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.

6th Circuit

HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan

Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.

6th Circuit
Michigan
Michigan Eastern District

Bankruptcy Discharge Cuts Off Future Liability on a Guaranty

Courts are split on whether a personal guaranty survives bankruptcy.

6th Circuit

Large Medical Bills Held Not to Be ‘Consumer’ Debts

Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.

6th Circuit
Ohio
Ohio Southern District

Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test

Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.

6th Circuit
Michigan
Michigan Eastern District

Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.

6th Circuit
Kentucky
Kentucky Eastern District

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.

6th Circuit

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.

6th Circuit
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