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Displaying Journal Articles with Topic 6th Circuit
January 18, 2019
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
January 8, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
January 4, 2019
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Michigan Western District
November 30, 2018
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
November 1, 2018
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.
October 22, 2018
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
Ohio Southern District
October 18, 2018
Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’
Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.
October 11, 2018
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?
Ohio Northern District
September 5, 2018
Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’
Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.
July 24, 2018
Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine
Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.