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Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.
Please note that in order to view the content for the
Bankruptcy Headlines
you must login with the link at the top
if you are already an ABI member, or otherwise you may
Become an ABI Member
Please note that in order to view the content for the
Bankruptcy Headlines
you must login with the link at the top
if you are already an ABI member, or otherwise you may
Become an ABI Member
Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.
Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.
One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.