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.’ Read more about BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth 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. Read more about Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing
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. Judge Name - Do not use it. Tracey N. Wise Read more about Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement The parties’ wishes are insufficient to justify sealing. Judge Name - Do not use it. Tracey N. Wise Read more about Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure Unperfected mortgage can be perfected after discharge, BAP implies. Judge Name - Do not use it. Guy R. Humphrey, Tracey N. Wise Read more about Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach. Judge Name - Do not use it. Tracey N. Wise Read more about Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal Sixth Circuit BAP opens up a can of worms on state bankruptcy laws. Judge Name - Do not use it. Tracey N. Wise Read more about Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal