Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
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BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
Michigan Judge Prefers Dismissal if Conversion Won’t Benefit Unsecured Creditors
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
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.
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Judge Name - Do not use it.
Scott W. Dales
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says
Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.
Judge Name - Do not use it.
Scott W. Dales
PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral
PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.
Judge Name - Do not use it.
Scott W. Dales