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6th Circuit

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.
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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.
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Wildcard Exemption Covered a Prepetition Malpractice Claim

Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.

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.
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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.
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Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

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.
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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?

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.
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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.
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