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6th Circuit

Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.

A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says

A failure to distinguish between res judicata and collateral estoppel turned out to be costly.

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay

A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.

Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

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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