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ABI Journal

Tracey N. Wise

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

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

Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

6th Circuit

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit
Kentucky
Kentucky Eastern District

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

6th Circuit

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

6th Circuit

Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal

Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.

6th Circuit
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